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(영문) 광주지방법원 2021.03.30 2021노24
특수공무집행방해등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant (unfair sentencing)’s punishment (one year of imprisonment) is too unreasonable.

B. The prosecutor (unfair sentencing)’s sentence is too unhued and unreasonable.

2. A favorable circumstance is that the Defendant appears to recognize and reflect the instant crime, and that the victims of fraud do not want to punish the Defendant, and that the Defendant is in need of medical treatment due to mental illness, such as alcohol disease, and depression.

On the other hand, the fact that the defendant commits multiple crimes during the short period of time, repeats the same kind of crime, does not compensate victims for damages such as interference with duties and interference with official duties.

There are no special circumstances or changes in circumstances that may be newly considered by this court, and comprehensively taking account of the Defendant’s age, sex, family relationship, circumstances surrounding the crime, and other various sentencing conditions as shown in the records and arguments of this case, the lower court’s punishment is too heavy or unreasonable.

All of the arguments of the defendant and the prosecutor are rejected.

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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