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(영문) 인천지방법원 2017.10.20 2017노2591
공무집행방해
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s punishment against the Defendant (unfair sentencing) is too unreasonable. The lower court’s punishment (3 million won) is too unreasonable.

B. The lower court’s sentence against the prosecutor (unlawful in sentencing) is too unhued and unreasonable.

2. In full view of the circumstances that may be taken into account in the course of the instant crime, such as the fact that there are some circumstances to consider the circumstances leading up to the instant crime, the fact that the Defendant recognized all the criminal facts, and reflects on the fact that the Defendant was favorable to the Defendant, and that the Defendant was subject to punishment twice due to the previous violent crimes in the instant case, and other circumstances that are disadvantageous to the Defendant, such as the Defendant’s age, sex and environment, motive, means and consequence of the instant crime, and the circumstances after the instant crime, etc., the lower court’s punishment is too heavy or unreasonable, and thus, the Defendant and the Prosecutor’s respective arguments are without merit.

3. In conclusion, since the appeal by the defendant and the prosecutor is without merit, 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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