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(영문) 수원지방법원 2015.06.26 2014노5705
공무집행방해
Text

All appeals filed by prosecutors and defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the court below on the Defendants (the fine of KRW 5 million for the Defendants A, and the fine of KRW 1.5 million for the Defendants B) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below to Defendant A is too unhued and unreasonable.

2. In light of the fact that the crime of obstruction of performance of official duties requires strict diversification of and serious harm to the legitimate public authority, the Defendants’ quality of the crime is not weak, and Defendant A was sentenced to imprisonment with labor for six months for a violation of the Punishment of Violences, etc. Act (joint injury) in 2013 and for two years for a suspended sentence, and committed the crime of this case during the suspended sentence period, which is disadvantageous to the Defendants.

However, considering the following circumstances: (a) the Defendants led to the instant crime; (b) Defendant A attempted to prevent the Defendant B, the wife, from being arrested; (c) the extent of the assault committed by the Defendants was not limited; (d) the Defendants agreed with the victimized Police Officers; (b) the Defendants did not have any same criminal record in the lower court; and (c) Defendant B did not have any criminal record; (d) the primary offender; (c) the motive and circumstances leading up to the instant crime; (d) the circumstances following the instant crime; (e) the Defendants’ age, character and conduct, and environment; and (e) various circumstances, which are the conditions for sentencing specified in the instant records and pleadings, such as

It is not recognized that the sentence imposed on Defendant A is too uneasible and unreasonable.

3. In conclusion, the appeal by the prosecutor and 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.

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