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(영문) 광주지방법원 2017.10.10 2016노4981
공무집행방해
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. The summary of the grounds for appeal asserted that the Defendant’s punishment against the lower court is too unreasonable, while the prosecutor appealeded to the effect that it is too unfasible and unfair.

2. The Defendant appears to have exercised relatively minor tangible power and was punished by a fine, except for the suspension of the execution of a series of times.

On the other hand, it is not good that the Defendant committed the instant crime during the period of suspended execution due to violent crimes and was arrested and detained in the act of violence, and the circumstances after the commission of the police box, etc. are not good.

In addition, comprehensively taking into account the sentencing conditions specified in the instant case, such as the Defendant’s age, sex, environment, motive, means and consequence of the commission of the crime, the circumstances after the commission of the crime, etc., the lower court’s punishment is only within the reasonable scope of discretion and is too heavy or light.

It is difficult to see it.

Therefore, we cannot accept all the defendant and prosecutor's argument.

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

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