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(영문) 의정부지방법원 2015.09.08 2014노1104
폭력행위등처벌에관한법률위반(공동상해)등
Text

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

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for one year, two years of suspended sentence, 40 hours of community service order, 40 hours of violent therapy, 40 hours/Defendant B: imprisonment with prison labor for ten months, suspended execution for two years, 40 hours of community service order, 40 hours of violent therapy, 40 hours of community service order, and 40 hours of lecture for violent therapy) is too unafford and unreasonable.

2. Determination

A. In order to establish a state’s legal order and eradicate a light of the public authority, it is necessary to strictly punish the Defendants for the crime of obstruction of performance of official duties, and the degree of assault and insult against the Defendants’ police officers, and the degree of assault and insult against one of the police officers, and the Defendant A committed an injury against one of the police officers, and the fact that the Defendant A committed the crime of destroying and damaging property is disadvantageous to the Defendants.

B. However, in full view of the following circumstances: (a) the Defendants led to confession of and reflect against the instant crime; (b) Defendant A agreed with the victim of the crime of causing property damage at the lower court; (c) the Defendants did not have any criminal record of suspension of execution or any criminal record of obstruction of performance of official duties; and (d) the Defendants did not have any criminal record of obstruction of performance of official duties; and (c) the Defendants’ age, details of the crime, and circumstances after the crime, etc.

C. Therefore, the prosecutor's above assertion is without merit.

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

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