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(영문) 수원지방법원 2017.09.14 2017노2260

공무집행방해등

Text

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

Reasons

1. The lower court’s sentence (Defendant A: a fine of KRW 4 million; Defendant B: a fine of KRW 3 million: a fine of KRW 3.5 million) against the Defendants on the summary of the grounds for appeal is unreasonable because it is too unfasible.

2. The crime of this case committed by the Defendants by assaulting the police officers who wear the uniform and obstructing the performance of their duties. The establishment of the State’s legal order and the establishment of the public authority’s awareness and the eradication of the public power, Defendant A damaged the property of many victims without any justifiable reason under the influence of alcohol, and the motive for the crime is not understood, and the crime is not considerably poor, and there are many police officers who assault Defendant B and Defendant C are disadvantageous to the Defendants.

However, all of the Defendants recognize their own crimes, Defendant A and Defendant C are primary offenders, and Defendant B is not subject to any criminal punishment in addition to the punishment of a fine once for the crimes of this kind; Defendant A gave restoration to the victims of property damage, G, and K and agreed thereon; the Defendants deposited money for all of the victimized police officers; and taking account of the Defendants’ age, sex behavior, environment, family relationship, circumstances after the crime, and all of the sentencing conditions specified in the records and arguments of this case, such as the circumstances after the crime, etc., the lower court’s punishment against the Defendants cannot be deemed unfair, as it is too unjustifiable, and thus, the Prosecutor’s assertion is without merit.

3. In conclusion, since the prosecutor's appeal against the defendants is without merit, all of the appeals are dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.