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(영문) 수원지방법원 2016.09.23 2015노5501

공무집행방해등

Text

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

Reasons

1. The sentence imposed by the lower court (one million won by each of the Defendants) on the summary of the grounds of appeal is deemed to be too uneasible and unfair.

2. In a case where there is no change in the conditions of sentencing compared with the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The Defendants committed the instant crime by contingently, the Defendants committed the instant crime, the degree of the type of the instant crime, and the degree of the victim’s injury caused by the instant crime, and other circumstances, including the Defendants’ age, sexual behavior, environment, motive, means and consequence of the instant crime, and the circumstances after the crime, etc., are considered as having taken full account of the following factors, and it does not seem that the lower court’s punishment is too unfford and goes beyond the reasonable scope of discretion.

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