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(영문) 창원지방법원 2015.07.23 2015노119
폭력행위등처벌에관한법률위반(공동상해)등
Text

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

An application for compensation by the applicant for compensation in the trial.

Reasons

1. The prosecutor of the gist of the grounds for appeal asserts that the punishment (two years of suspended execution, two years of probation and community service, two years of suspended execution in August, and eight hours of community service) declared by the court below is too unfasible and unfair.

2. As to the prosecutor’s assertion, the crime of this case is acknowledged that the Defendants committed the crime of obstruction of performance of official duties by assaulting the police officers H and I who were in contact with the victim F, interfered with their legitimate execution of official duties by assaulting the police officers H and I dispatched to the site, moving to the district, and H’s abusive intent, and the crime of insulting the victim F and the victim did not reach an agreement to the point of view, and the crime of obstruction of performance of official duties is a crime detrimental to the State’s function by nullifying a legitimate exercise of public authority.

However, Defendant A recognized all of the instant crimes and misjudgments the mistake. In the case of Defendant B, except for the detailed assault against the victim F, most of the instant crimes are recognized and wrong, and the Defendants deposited KRW 6,500,000,000 to the victim F by additionally depositing KRW 3 million to the victim F, deposited KRW 3,000,000 to the police officer H, and in the case of Defendant B, the fact that there was no record of criminal punishment other than the punishment imposed for the violation of each Road Act and the violation of the Road Traffic Act around 1997 and around 2008, other favorable circumstances should be considered as favorable to the Defendants. In full view of the following circumstances, the lower court’s sentencing, character and behavior, environment, motive and background of the instant crime, means and method of the crime, and circumstances after the crime, etc., as well as the sentencing conditions indicated in the arguments and the records of the instant case, it cannot be deemed unfair.

3. The applicant for compensation against the Defendants who judged as to the application for compensation order by the applicant for compensation shall pay KRW 700,000,000, such as the drinking value, and F, the applicant for compensation, on April 47.

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