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(영문) 서울남부지방법원 2016.10.27 2016노1565
공무집행방해등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. In light of the fact that the Defendant was able to live in good faith by breaking his mistake in depth, that the Defendant continued to endeavor to commit a crime against the victimized police officers, and that there was an agreement with the victimized police officers, etc., the punishment (six months of imprisonment) sentenced by the lower court is too unreasonable.

B. In light of the fact that each of the crimes of this case committed by the public prosecutor was not good, and the defendant committed each of the crimes of this case during the period of repeated crime resulting from violent crimes even though he had been punished several times, etc., the sentence imposed by the court below is too unfasible and unfair.

2. We also examine the argument of unfair sentencing by the Defendant and the prosecutor.

Although the defendant has been punished several times for violent crimes, each of the crimes of this case, including violent crimes, has been committed during the period of repeated crime due to violent crimes.

Meanwhile, the amount of damage caused by the instant fraud is not significant, and the Defendant agreed with the defrauded at the lower court’s stage.

In addition, considering the various circumstances asserted as the grounds for appeal by the Defendant and the Prosecutor, the lower court’s punishment is too heavy or unreasonable, even if it is deemed that the Defendant’s punishment is too heavy, and is unreasonable, considering the various circumstances asserted as the grounds for appeal.

The defendant and prosecutor's assertion of unreasonable sentencing are without merit.

3. In conclusion, since each appeal by the defendant and the prosecutor is without merit, it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

(However, the judgment of the court below is clear that the "Crimes of Violence in Seoul Southern District Court" in Part 15 is a misunderstanding of "Assault, etc. in Seoul Central District Court", so it is correct ex officio in accordance with Article 25 (1) of the Rules on Criminal Procedure.

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