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(영문) 수원지방법원 2014.12.11 2014노2645
공무집행방해
Text

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

Reasons

1. The main point of the grounds for appeal is as follows: (a) the lower court’s punishment (two million won by each fine) against the Defendants is too unhued and unreasonable.

2. In full view of the facts that the Defendants’ crime of this case committed by assaulting a police officer who performed a legitimate duty together with his accomplice and obstructing the performance of his duties, etc., the Defendants did not have any record of punishment against the Defendants for the same kind of crime as the instant crime, the Defendants are in opposition to the confession of the crime, the Defendants led to any contingent crime under the influence of alcohol, and other factors of sentencing as indicated in the instant case, the lower court’s punishment cannot be deemed unreasonable.

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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