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(영문) 창원지방법원 2017.11.09 2017노2544

공무집행방해등

Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the reasoning of the appeal is too heavy (as for Defendant A, a fine of five million won, and as for Defendant C, a fine of three million won) of the lower judgment.

2. The judgment is based on the following facts: the Defendants were led to the confession of the crime, the degree of violence committed by the Defendants is heavy; the Defendants were arrested by the co-defendant B, the co-defendants of the court below; Defendant A wanted to compensate the victims of the obstruction of duties and agreed to compensate for damages to the victims of the crime; Defendant A wanted to have the above Defendant’s wife; Defendant A was punished by a fine once for the latest ten years; Defendant A did not have the same criminal records and had no criminal records beyond the suspension of the execution of imprisonment with prison labor; Defendant C was punished by a fine for a violent crime for the latest ten years; Defendant A did not have any criminal records for the same kind of crime; Defendant A did not have any criminal records for the past twenty years; Defendant A did not have any criminal records for the past twenty years; Defendant A had a favorable reason for sentencing, such as taking a bath at the place of business of the ordinary people in the case of the case of Defendant A, and interfere with the operation of a fluort by destroying the flue.

112 In full view of all matters concerning sentencing, including: (a) the Defendants’ age, family relation, economic situation, background leading up to the crime and motive leading up to the crime; and (b) the sentence of the lower judgment is determined based on the following: (c) the Defendants C also interfere with the performance of official duties by exercising violence against the police officers who intend to arrest B as an offender in the act of interference with the performance of official duties; (d) the Defendants and B used violence against two police officers in the order or simultaneously; and (e) the case is not easy in light of the aforementioned reasons for sentencing; (e) the Defendants’ age, family relation, economic situation; (e) the background leading up to the crime; and (e) other matters concerning the sentencing as indicated in the instant records and changes.