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(영문) 수원지방법원 2016.01.22 2015노5921

공무집행방해등

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All appeals filed by the prosecutor against the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal that the court below sentenced the defendants to the punishment (ten months of imprisonment and two years of suspended execution) is deemed to be too uneasy and unfair.

2. The Defendants’ direct exercise of force against police officers to commit a crime is not good, and the consequence of an injury is not easy to commit a crime, and the crime of interference with the performance of official duties requires strict diversification as it seriously infringes upon legitimate public authority. In short, there are also extenuating circumstances that are disadvantageous to sentencing.

However, the lower court sentenced the Defendants to an excessive minor punishment exceeding the bounds of reasonable discretion, considering the Defendants’ age, environment, background of the crime, and circumstances after the crime, etc., given that the Defendants were against the Defendants, and there was no criminal conviction more severe than a fine.

subsection (b) of this section.

3. In conclusion, the Prosecutor’s appeal against the Defendants is without merit, and all of them are dismissed under Article 364(4) of the Criminal Procedure Act.