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(영문) 광주지방법원 2015.07.15 2014노3005

공무집행방해

Text

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

Reasons

1. The summary of the grounds for appeal (the Defendant A’s fine of KRW 8 million, and the Defendant B’s fine of KRW 3 million) is too uneased and unreasonable.

2. The crime of this case committed by the Defendants that interfere with the legitimate performance of official duties by police officers in uniform, and thus, the quality of the crime is not good. Defendant A was sentenced to imprisonment with labor for two years on May 17, 2012 (a violation of the Punishment of Violences, etc. Act (a collective deadly weapon, etc.) and three years of suspended execution and committed the crime of this case during the suspended execution period, which was disadvantageous to the Defendant.

On the other hand, in full view of the following: (a) the Defendants led to the instant crime by contingently causing the Defendants to commit the instant crime; (b) the degree of assault against the victimized police officers; (c) Defendant B was the primary offender; and (d) Defendant A had no record of punishment other than the aforementioned previous offense; and (c) other various sentencing conditions specified in the instant pleadings, such as the circumstances leading to the instant crime; (d) the circumstances following the instant crime; and (e) the Defendants’ age, character and conduct, and environment, it is not recognized that the lower court’s punishment is too unreasonable; and therefore,

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