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(영문) 의정부지방법원 2019.07.19 2019노1362
공무집행방해
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (four months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. Determination is an unfavorable circumstance, such as the Defendant again committed the instant crime during the same repeated crime period, and the fact that the Defendant did not receive a letter from the victimized police officer.

However, the fact that the defendant recognizes and reflects the crime of this case, and that the damaged police officer did not have an injury, etc. are favorable circumstances.

In full view of such circumstances as well as the Defendant’s age, character and conduct, environment, circumstances after the commission of the crime, and circumstances after the commission of the crime, etc., the sentencing conditions shown in the records and arguments of the instant case, the recommended type by the Sentencing Committee of the Supreme Court in the sentencing guidelines, and there is no change in the sentencing conditions compared to the original judgment, and there is no change in the sentencing conditions compared with the original judgment. As such, the sentence of

Therefore, we cannot accept all appeals filed by the defendant and prosecutor.

3. In 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.

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