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(영문) 대전지방법원 2013.12.05 2013노1903
공무집행방해등
Text

All appeals by the defendants and prosecutor against the defendants are dismissed.

Reasons

Summary of Grounds for Appeal

The sentence of the court below against the defendants (the defendant A: 6 months of imprisonment and 2 years of suspended execution, the defendant B, C, and D: each fine of one million won) is too unreasonable.

The above sentence of the court below against the prosecutor's defendants is too unhued and unfair.

Judgment

The grounds for appeal by the Defendants and the prosecutor are also examined.

The Defendants’ confessions and reflects the instant crime, and there are circumstances to consider the motive and background of the instant crime, etc. favorable to the Defendants.

On the other hand, in light of the fact that the degree of assault committed by the Defendants to police officers at the time of the instant crime cannot be deemed to be minor, the nature of the crime is not minor, and the Defendant A was punished for the same violation of the Assembly and Demonstration Act in the past, etc., which are disadvantageous to the Defendants. In full view of all such circumstances and other sentencing conditions, including each of the above circumstances and other Defendants’ respective ages, character and conduct, environment, criminal records, circumstances after the instant crime, and risk of recidivism, the lower court’s punishment is too heavy or unreasonable. Thus, the Defendants and the prosecutor’s assertion are without merit.

In conclusion, since each appeal by the defendants and each appeal by the prosecutor against the defendants is without merit, they are dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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