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(영문) 광주지방법원 2015.08.13 2014노3222
공무집행방해등
Text

All of the appeals by prosecutors are dismissed.

Reasons

1. The summary of the grounds for appeal (the defendant A: the fine of 8,000,000 won, the fine of 4,000,000 won) of the lower court is too uneasible and unreasonable.

2. Each of the instant crimes committed by Defendant B, who is a police officer, carrying out legitimate official duties, is deemed to have expressed a desire and assault to the victims, and Defendant A suffered an injury that requires medical treatment for two weeks; Defendant A destroyed the boom of the patrol police officer, and the quality of the crime is not good in light of the criminal law and the degree of damage; and the performance of official duties against the police officer in uniform requires strict punishment to enhance the public confidence of the nation.

However, in light of the favorable circumstances such as the Defendants’ misunderstandings and reflects the Defendants’ mistake, the fact that they are expected not to repeat the crime, the fact that there is no record of punishment for the same kind of crime, the fact that they are sentenced to imprisonment without prison labor or a heavier punishment, the victims are retired pursuant to the personnel management regulations of the company, and the victims do not want punishment for the Defendants, and all of the sentencing conditions in the instant case, such as the age, character and conduct, the background and consequence of each of the instant crimes, and the circumstances after the crime, etc., the lower court’s punishment is deemed to be too unjustifiable and unreasonable. Therefore, the prosecutor’s above assertion is without merit.

3. In conclusion, the prosecutor's appeal against the defendants is without merit, and all of the appeals are dismissed under Article 346 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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