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(영문) 서울동부지방법원 2014.05.23 2014노254

공무집행방해등

Text

The judgment of the court below is reversed.

Defendants shall be punished by imprisonment for six months.

However, for two years from the date this judgment becomes final and conclusive.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the lower court on the Defendants (two years of suspended sentence in October and 80 hours of community service order in Defendant A; two years of suspended sentence in October and two years of suspended sentence in probation and community service order in probation and community service order) are too unreasonable.

2. Each of the crimes of this case committed by the Defendants in collusion with the Defendants to interfere with the legitimate execution of duties by police officers regarding the suppression of and investigation into the crime, and during that process, Defendant A was injured by the victim F, who is a police officer, and the nature of the crime and the circumstances are considerably poor. Defendant B was sentenced to a suspended sentence of two years for one year due to the crime of violation of the Punishment of Violence, etc. Act (collectively Intimidation) around 2011, as well as there were only the enemys who were sentenced to a suspended sentence of two years for one year, and there are also several kinds of crimes of violence, but there are some unfavorable circumstances to the Defendants, such as the Defendants’ confession of all the crimes during the period of the crime, and they are in contravention of their depth and behavior. Defendant A did not have any history of crime except for those who were sentenced to a fine on drinking driving around 208, and agreed to the victim F of the instant injury, Defendant B, who is a private taxi, to the extent that the aforementioned Defendants were extremely favorable in the course of the crime, and its motive and circumstances.

3. Thus, the defendants' appeal is justified.