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(영문) 서울북부지방법원 2016.10.21 2016노1354
공무집행방해등
Text

All appeals by the Defendants and the Prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence (7 million won of fine) imposed by the lower court on the Defendants is too unreasonable.

B. The sentence imposed by the prosecutor of the lower court on the Defendants is too unhued and unreasonable.

2. The crime of this case committed by the Defendants, under the influence of alcohol, is deemed to obstruct the performance of official duties by assaulting the police officers called out after receiving a report on a 30-minute failure, under the influence of alcohol, that they would not have the drinking value in the entertainment tavern, and thus, the nature of the crime is bad.

In order to eradicate the light of public authority, there is a need to strictly punish a crime of obstruction of performance of official duties. Defendant A shows the attitude of emphasizing the legal order, such as the fact that there is two times a suspended sentence of imprisonment for another crime, and the fact that Defendant B had a record of being sentenced to a fine of KRW 3 million for the crime of obstruction of performance of official duties in 201.

On the other hand, the defendants seems to have committed a crime in a somewhat contingent state under the influence of alcohol, and the defendants do not want the punishment of the defendants under the agreement with the victim of the crime of obstruction of business.

In light of these circumstances, in full view of all the sentencing conditions as shown in the instant pleadings, including the Defendants’ age, character and conduct, it does not seem that the lower court’s sentence imposed on the Defendants is too heavy or unreasonable.

3. According to the conclusion, all appeals filed by the Defendants and the prosecutor are without merit, and they are all dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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