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(영문) 수원지방법원 2017.12.18 2017노6474
공무집행방해등
Text

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

Reasons

1. The summary of the grounds for appeal is unreasonable because each of the punishments (Defendant A: a fine of 4 million won, Defendant B: a fine of 2 million won) declared by the lower court against the Defendants is too uneased.

2. The determination of this case is that Defendant A assaults a victim, and interferes with the performance of official duties by assaulting a police officer dispatched after receiving a 112 report, and Defendant B interfered with the performance of official duties by assaulting a police officer, and if the nature of the crime is light in light of the content and result of the crime.

In addition, the defendant A has a criminal record of assault.

On the other hand, however, the defendants showed the attitude of recognizing their mistakes and against themselves, and the extent of assault committed by the defendants to police officers is not much serious, and the defendant A deposited KRW 500,000 for police officers.

In addition, the defendant B does not have the same criminal record.

Considering the aforementioned circumstances and other favorable circumstances to the Defendants, the circumstances after the commission of the instant crime, the age of the Defendants, sexual conduct, environment, and other various sentencing conditions as shown in the argument of the instant case, the lower court’s punishment is too uneasible and unreasonable. Therefore, the Prosecutor’s allegation above 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 364(4) of the Criminal Procedure Act, and it is so decided as per Disposition by the court below (Article 25(1) of the Rules on Criminal Procedure). However, the court below’s ex officio pursuant to Article 25(1) of the Rules on Criminal Procedure, “1. Selection of punishment” and “1. In addition, the court below’s ex officio pursuant to Article 25(1) shall be corrected as adding “1. Concurrent Crimes (Defendant A)” under the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act.

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