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(영문) 수원지방법원 2013.12.19 2013노4170

공무집행방해

Text

All appeals by the Defendants are dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (a fine of three million won) against the Defendants is too unreasonable.

2. As to the crime of this case, the police officer’s desire to commit the act of taking advantage of the public authority, such as the crime of this case, affects the police officer’s duties that protect the peace and safety of citizens, and the damage therefrom eventually leads to the citizens who are in need of strict punishment. Defendant A had the record of having been punished for gambling even before the case, and Defendant B had the record of having been punished for a fine or suspension of execution for 20 times due to violence, etc., and Defendant B had the record of having been punished for a fine or suspension of execution for 20 times by taking into account the economic situation of the Defendants. Nevertheless, considering the defendants’ economic situation, the court below already sentenced the defendants to a fine more than the fine imposed under the summary order (a fine of 5 million won) originally notified to the defendants, including the fact that the court below sentenced the defendants to a fine more than the fine imposed under the defendant’s age, character and behavior, environment, circumstance, means and method of the crime, etc., the court below’s argument is not acceptable.

3. Accordingly, the Defendants’ appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, since all of the appeals are without merit. It is so decided as per Disposition.