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(영문) 의정부지방법원 2020.08.21 2019노2247
공무집행방해
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal (unfair sentencing)

A. The sentence imposed by the lower court (5 million won) is too unreasonable.

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

2. We examine both the judgment and the prosecutor’s assertion of unreasonable sentencing.

It is reasonable to respect the sentencing of the first instance court in cases where there is no change in the conditions of sentencing compared with the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, and to refrain from rendering a sentence that does not differ from the first instance court solely on the ground that the sentencing of the first instance court falls within the reasonable scope of discretion, although the sentencing of the first instance court falls within the scope of discretion.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015 (see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). The crime of this case is unfavorable to the following: (a) a police officer who was urged by the Defendant to pay the drinking value from the police officer who was reported at the main point of view, by assaulting him/her in a manner that he/she takes a bath to the police officer, and pusheds his/her chest with his/her finger by hand; (b) a crime is not good in light of the circumstances of the crime; (c) a state’s legal order and order; and (d) a person who

However, it is advantageous to the fact that the Defendant recognized the instant crime and is against the Defendant, the Defendant is a primary offender who has no record of criminal punishment, the Defendant appears to have caused the instant crime in a somewhat contingent and contingent manner, and the form of force that the police officer exercised against the police officer is relatively less severe.

In addition, considering the fact that there is no special change in circumstances that could change the sentence of the lower court after the sentence of the lower judgment, the sentence of the lower court is too excessive, given the following factors: the Defendant’s age, occupation, character and conduct, the environment, the circumstances after the crime was committed, and the various conditions of sentencing as shown in the present case’s

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