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(영문) 광주지방법원 2019.02.14 2018노3504
업무방해등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. The summary of the grounds for appeal appealed to the court below that the punishment of the court below (one year of imprisonment) is too unreasonable. The prosecutor appealed to the court below that the sentence of the court below is too unhued and unreasonable.

2. The circumstances are favorable for the following: (a) the Defendant recognized and reflected his mistake; and (b) the amount of damage in the event of a crime causing property damage is minor; and (c) the victim does not want the punishment of the Defendant by mutual consent

On the other hand, among each of the crimes of this case, the obstruction of performance of official duties is a serious crime that undermines the function of the State by nullifying the legitimate exercise of public authority, and thus requires strict measures to eradicate the light of public authority. The defendant was sentenced to imprisonment with prison labor for the same kind of crime, and even if he had been punished several times, he again committed each of the crimes of this case even though he had been punished for repeated crimes, and the fact that the defendant did not receive a letter from the victim of the crime of obstruction of official duties and obstruction of performance

In addition, comprehensively taking account of the Defendant’s age, character and conduct, environment, family relationship, and various sentencing conditions as shown in the instant records and arguments, it is not deemed that the lower court’s punishment is too heavy or unreasonable, and the Defendant and the prosecutor’s assertion are without merit.

3. The appeal filed by the defendant and the prosecutor in conclusion is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

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