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(영문) 인천지방법원 2016.10.21 2016노2256
공무집행방해
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The court below's punishment (the fine of KRW 5,00,000) against the defendant (the defendant's punishment) is too unreasonable.

B. The lower court’s sentence against the Defendant against the prosecutor (unfair form of punishment) is too unhued and unreasonable.

2. The following are favorable circumstances: (a) the Defendant recognized the facts constituting a crime and reflects the depth of the Defendant; and (b) the Defendant led to the instant crime under the influence of somewhat drunk; (c) the fact that the nature of the crime is not good in light of the content of the crime; and (d) the Defendant has several records of having been punished for violent crimes including the same kind

In addition, in light of the various circumstances, such as the Defendant’s age, character and conduct and environment, motive, means and consequence of a crime, and the situation after a crime, etc., the lower court’s punishment is too heavy or unreasonable, and thus, the Defendant’s assertion is without merit.

3. In conclusion, the appeal filed 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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