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(영문) 인천지방법원 2016.10.19 2016노1614

공무집행방해

Text

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

Reasons

1. Of the facts charged in the instant case, the lower court dismissed the prosecution against Defendant C’s assault, and convicted the Defendants of obstruction of the performance of official duties.

Accordingly, only the prosecutor appealed against the guilty portion of the Defendants, and Defendant C did not appeal.

Therefore, since the dismissal part of the judgment of the court below against Defendant C is separated and confirmed, the scope of the judgment of this court is limited to the conviction part against the Defendants.

2. The summary of the grounds for appeal is that each of the punishments against the Defendants (a fine of 6 million won, a fine of 6 million won, a fine of 9 million won, a fine of 9 million won for each of the defendants B, and C) is too uneased and unreasonable.

3. The Defendants, upon receiving a report, jointly interfere with the performance of official duties against the police officers dispatched, and all the Defendants were punished for a violent crime or a crime of double-class. It is disadvantageous to the Defendants.

However, in light of the favorable circumstances, such as the confession of all the Defendants to commit the instant crime and the nature of their mistake, Defendant B and C deposited the money for the police officer from the original judgment in the case of Defendant C, and the relationship between the crime of this case and the concurrent crime under the latter part of Article 37 of the Criminal Act in the case of Defendant C, the crime of this case should be considered at the same time with the case of judgment, and other favorable circumstances, such as the Defendants’ age, character, conduct, occupation and environment, motive and circumstance leading to the instant crime, and the circumstances after the commission of the instant crime, etc., the prosecutor’s assertion is without merit, since each sentence against the Defendants of the lower court is deemed unfair.

4. In conclusion, the appeal against the Defendants by the prosecutor 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.