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(영문) 서울중앙지방법원 2017.02.09 2016노4151

공무집행방해

Text

All appeals by the Defendants and the Prosecutor are dismissed.

An application for compensation by an applicant for compensation shall be dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) asserts that with respect to each sentence (a fine of KRW 4 million for each of the fines of KRW 4 million for each of the defendants C, and a fine of KRW 1 million for each of the defendants) declared by the court below against the defendants, the defendants claim that the defendants are too large and unfair, while the prosecutors claim that the defendants are too uneasible and unfair, and that the defendants

2. Unless there is any change in the conditions of sentencing in comparison with the lower court’s judgment, comprehensively taking into account the following circumstances: (a) the 112 report and the 112 report were sent to the police officers who performed legitimate duties and were in favor of the poor nature of the crime; (b) the Defendant B and C did not have any history of crime; (c) the Defendants did not have any history of crime beyond the same kind and fine; and (d) the Defendants did not have any history of crime beyond the same kind and fine; and (d) the motive, means and result leading up to the instant crime; and (e) the Defendants did not have any change in the conditions of sentencing compared with the circumstances after the commission of the crime; (d) the Defendants’ age, sexual behavior, environment, etc.; and (e) all of the circumstances in which the conditions of sentencing as shown in the oral argument and the court below did not change.

3. According to the conclusion, each appeal filed by the Defendants and the prosecutor is dismissed in entirety in accordance with Article 364(4) of the Criminal Procedure Act, on the grounds that the scope of liability for compensation is not clear, and thus, the application for remedy order filed by the applicant for compensation is dismissed in accordance with Articles 32(1) and 25(3)3 of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings. It is so decided as per Disposition.