beta
Text
Defendant
All appeals by prosecutors are dismissed.
Reasons
1. Summary of grounds for appeal (misunderstanding of facts and improper sentencing);
A. In fact, the Defendant did not have assaulted as stated in the facts charged, such as breathing the breath of the damaged scenery.
B. With respect to the first-class sentence (1 million won) of the first-class sentence of sentencing (the Defendant and the Prosecutor), the summary of the grounds for appeal by the Defendant is too unreasonable since the Defendant’s appeal is too unreasonable, and the gist of the reasons for appeal by the Prosecutor is that the Prosecutor’s appeal is unfair because the punishment is too uneasible.
2. Determination:
A. According to the evidence duly adopted and examined by the first instance court as to the assertion of mistake of facts, in particular, according to the investigation agency and the first instance court’s specific and consistent statement of the victims, etc., the defendant can fully recognize the fact that the defendant interfered with the execution of official duties of this case as stated in the judgment of the first instance court.
Therefore, the defendant's assertion of facts is without merit.
B. In the instant case where there is no change in the conditions of sentencing that would be considered when considering the unfair argument of sentencing in the appellate court, in full view of the various circumstances indicated in the column for “reason of sentencing”, including the Defendant’s age, sex, conduct, environment, health conditions, family relationship, motive, means and consequence of the crime, it is difficult to view that the first instance sentence is too unreasonable or too unreasonable because the Defendant’s age, sex, health status, family relationship, motive and consequence of the crime, etc. is too inappropriate as it goes beyond the scope of discretion.
Therefore, there is no reason for the defendant and prosecutor's improper argument of sentencing.
3. If so, 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.