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(영문) 광주지방법원 2017.01.24 2016노1159
공무집행방해
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. As to the summary of the grounds for appeal, the Defendant asserted that the Defendant was too unfasible and unfair, while the prosecutor appealeded against the lower court’s punishment (five million won in penalty) by asserting that it is too unfasible and unfair.

2. The Defendant, upon receiving a report, assaulted a police officer who was able to return home, and committed the instant crime even though he had been punished several times due to violent crimes.

On the other hand, there is no significant degree of force used by the defendant, and the defendant has no record of being punished as a crime of obstructing the execution of official duties.

In addition, comprehensively taking account of the following factors, such as the Defendant’s age, sex, and circumstances after the commission of the crime, the argument regarding the sentencing of the Defendant and the Prosecutor is difficult to accept.

3. As such, the appeal by the defendant and the prosecutor is without merit, 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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