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(영문) 서울동부지방법원 2016.10.27 2016노722
공무집행방해
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. The gist of the grounds for appeal by the defendant is that the punishment of the court below (a fine of three million won) is too unreasonable. The gist of the grounds for appeal by the prosecutor is that the above punishment of the court below is too uneasible and unfair.

2. In full view of the following circumstances: (a) the Defendant and the prosecutor’s assertion of unfair sentencing along with each of the alleged unfair sentencing by the Defendant and the prosecutor; (b) the Defendant’s attitude of the act shown in the instant crime was not somewhat weak; and (c) the situation before and after the instant crime was committed, including considerable damage to the owner of the main shop at the time and D, etc.; (d) the Defendant has no record of criminal punishment, on the other hand, the Defendant has no record of criminal punishment; and (e) the police officer’s submission of a written application for coal seeking the Defendant’s preference to the Defendant at the lower court’s stage, etc., taking into account the Defendant’s favorable sentencing factors; and (b) the Defendant’s age, character, environment, background and consequence of the instant crime; and (c) the circumstances after the instant crime, etc., as well as all the circumstances that form the conditions of sentencing as shown in the records and arguments, are adequate

3. According to the conclusion, the appeal filed by the defendant and the prosecutor is without merit, and all of them are dismissed under Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition

(However, since "B" of the first sentence of the judgment of the court below is deemed to be a clerical error in "I", it shall be corrected.

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