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(영문) 대전지방법원 2016.11.10 2016노2024
상해등
Text

All appeals filed by the Defendants and the Prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Each sentence of imprisonment (two months of imprisonment, two years of suspended execution, fine of three hundred thousand won, and community service order of 80,000 won) sentenced by the court below against the Defendants is too unreasonable.

B. Each sentence sentenced by the prosecutor by the court below against the Defendants is too unhued and unreasonable.

2. The facts that the Defendants are against their mistake are favorable to the Defendants. However, the crime of this case interferes with the Defendants’ duty, such as obstructing the Defendants to go to customers at the main points operated by the victim D, obstructing the police officers dispatched upon receiving a report, and obstructing the lawful performance of their duties by taking into account the following circumstances: (a) the Defendants’ age, environment, the background leading up to each of the instant offenses, and the circumstances before and after the commission of the offenses; and (b) the Defendants’ punishment is too heavy or unreasonable, and thus, the Defendants and the prosecutor’s assertion of unfair sentencing is without merit.

3. In conclusion, since all appeals filed by the Defendants and the prosecutor are without merit, they are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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