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(영문) 서울남부지방법원 2013.04.12 2013노142
공무집행방해등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the lower court (one year of imprisonment) is too unreasonable.

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

2. Although there are favorable circumstances that the defendant's mistake is against the defendant, the defendant's history of punishment for the same kind of violent crime has reached several times, and the risk of recidivism is high by repeating the same criminal act during the period of repeated crime, and the victims' damage has not been recovered, considering other circumstances that are the conditions for sentencing under Article 51 of the Criminal Act as stated in the records and arguments of this case, such as the background, means and methods of the crime of this case, the circumstances after the crime, and the age and behavior environment of the defendant, etc., the sentence imposed by the court below is deemed appropriate, and it cannot be deemed that the punishment imposed by the defendant is unfair or unreasonable because the punishment is too unreasonable or too unreasonable.

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

[However, Article 25 (1) of the Criminal Procedure Rule as stated in the judgment of the court below is that the defendant assaultss two police officers at the same time at the same place, and each crime constitutes a crime of obstruction of performance of official duties by police officers, and each crime is in a mutually concurrent relationship. Since it is clear that the part of the mutually concurrent concurrence was omitted in the application column of the law of the court below, it is obvious that the application column of the law of the court below is inserted as "1. Commercial concurrence: Articles 40 and 50 (Mutual Crimes of Obstruction of Official Duties) of the Criminal Code" between three and four acts.

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