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(영문) 춘천지방법원 강릉지원 2015.11.12 2015노529
특수공무집행방해
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the lower court (one year of imprisonment) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

2. The fact that the Defendant recognized all of the instant crimes and reflected, etc. is favorable to the sentencing.

On the other hand, the fact that the defendant was sentenced to one year of a suspended sentence for a violation of the Punishment of Violences, etc. Act (a violation of the Act on the Punishment of Violences, etc.) and committed the crime of this case without being sentenced to two years of a suspended sentence, and that the defendant has several records of criminal punishment for violent crimes, etc. are disadvantageous to

In full view of such circumstances as well as the motive, background, means, and consequence of the instant crime, the circumstances before and after the instant crime, Defendant’s age, character and conduct, environment, and other conditions of sentencing as shown in the pleadings, it cannot be deemed that the sentence imposed by the lower court is too heavy or unreasonable.

Therefore, the defendant and prosecutor's argument are without merit.

3. According to the conclusion, the appeal filed by the Defendant and the prosecutor is all groundless, 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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