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(영문) 광주지방법원 2019.02.14 2018노3739
공무집행방해
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. The summary of the grounds for appeal appealed to the court below that the punishment of the court below (four months of imprisonment) is too unreasonable. The prosecutor appealed to the court below that the sentence of the court below is too unhued and unreasonable.

2. The fact that the defendant recognized his mistake and reflects his mistake, and the extent of the defendant's assault is relatively heavy is favorable.

On the other hand, the crime of this case is a serious crime that undermines the function of the State by nullifying the legitimate exercise of public authority and requires strict measures to eradicate the light of public authority. The defendant committed the crime of this case again even though he had the record of criminal punishment several times due to violent crimes, etc. and had been in the suspension period of execution due to such crimes, and the defendant did not receive a letter from the victimized police officer up to now.

In addition, comprehensively taking account of the Defendant’s age, character and conduct, environment, family relationship, and various sentencing conditions as shown in the instant records and arguments, it is not deemed that the lower court’s punishment is too heavy or unreasonable, and the Defendant and the prosecutor’s assertion are without merit.

3. The appeal filed by the defendant and the prosecutor in conclusion is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

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