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(영문) 수원지방법원 2017.02.10 2016노5930
재물손괴등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court on the Defendant (the penalty amounting to five million won) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unfair.

2. The judgment that the defendant recognized the crime of this case and reflected, the defendant seems to have caused contingent crimes of this case under the influence of alcohol, the defendant's consent with the victim of the crime of destroying property does not want the punishment of the defendant, the defendant deposited one million won for the victim of the crime of obstructing the performance of official duties (five hundred thousand won each), and the fact that the defendant is the first offender is more favorable.

Since the crime of interference with the execution of public duties is a crime that undermines the function of the state by nullifying the legitimate exercise of public authority, it is an unfavorable circumstance that requires strict punishment in order to establish national legal order and eradicate the light of public authority.

In full view of the conditions of all the sentencing in the records and arguments of this case, such as balance between the above circumstances and other cases of the same or similar kind of punishment, Defendant’s age, sexual conduct, environment, motive and background of the crime, means and method of the crime, and the circumstances after the crime, the sentence of the court below is too heavy or too unreasonable.

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

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