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(영문) 광주지방법원 2019.08.29 2018노3781
공무집행방해
Text

All appeals filed by prosecutors and defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Prosecutor’s sentence (the fine of KRW 5,00,000) is too unhued and unreasonable.

B. The lower court’s sentence is too unreasonable.

2. Considering that the nature of the instant crime is not good, strict punishment against the Defendant is necessary.

However, considering the following factors: (a) the Defendant’s mistake is divided; (b) the Defendant deposited money to a police officer for the recovery of damage; (c) the Defendant has no criminal record other than a fine once; and (d) the Defendant’s age, character and conduct and environment; (b) the motive, means and consequence of the crime; and (c) the conditions of sentencing specified in the instant pleadings, such as the circumstances after the crime, etc., the sentence imposed by the lower court is deemed appropriate; and (d) it cannot be deemed that the sentence imposed by the Defendant is too light,

3. If so, the appeal by the prosecutor and the defendant 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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