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(영문) 서울북부지방법원 2017.08.10 2017노766
공무집행방해등
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the court below against the defendant (the punishment amounting to five million won) is too unreasonable.

B. The above sentence, which the court below decided against the defendant, is too unhued and unfair.

2. Under the judgment on the reasons for appeal, the sentencing of the Defendant and the Prosecutor together are examined.

Considering the motive and background leading up to each of the crimes of this case, the circumstances leading up to the crime of this case, the defendant's age, sexual conduct, environment, occupation, family relation, etc., such as the fact that the defendant was committed against himself, and there was no record of punishment exceeding the fine, and the defendant appears to have committed each of the crimes of this case in favor of him, as well as the attitude of disregarding the defendant's legitimate exercise of public authority, such as the fact that there is a need to strictly punish the above crimes in order to establish the state's legal order and to eradicate the light of public authority, and other circumstances that are the conditions for sentencing as shown in the records, such as the defendant's motive and circumstance leading up to each of the crimes of this case, the defendant's age, sexual behavior, occupation, family relation, etc., the punishment imposed by the court below is too heavy

3. As such, the appeal by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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