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(영문) 서울서부지방법원 2016.10.27 2016노1031
공무집행방해
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

The gist of the defendant's grounds for appeal is that the court below's punishment (five million won of fine) is too unreasonable, and the prosecutor's grounds for appeal are inappropriate because the court below's punishment is too uneasible.

The circumstances favorable to the defendant include the confession and reflect of the crime of this case, and the fact that the defendant has no criminal records related to the same kind of crime and violence.

On the other hand, this case prevents the defendant from performing legitimate official duties by assaulting police officers, which is disadvantageous to the defendant.

In addition, considering the degree of assault of this case, the defendant's age, character and conduct, environment, the process and motive of the crime of this case, circumstances after the crime of this case, etc., the sentence of the court below is deemed appropriate, and it seems that it is too heavy or too unreasonable. Thus, each of the arguments of unfair sentencing by the defendant and the prosecutor are without merit.

Therefore, the appeal filed by the defendant and the prosecutor is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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