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(영문) 수원지방법원 2017.06.12 2016노6723
공무집행방해등
Text

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

Reasons

1. The summary of the grounds for appeal is unreasonable as it is so far as it is too unfasible that the court below sentenced the Defendants to each punishment (a fine of KRW 4 million, a fine of KRW 3 million, a fine of KRW 3 million, Defendant C, and D): each fine of KRW 1 million).

2. The Defendants committed violence against police officers who were called up to the 112 report by the Defendants, and Defendant A inflicted an injury on the victimized police officers. The Defendants need to strictly punish the Defendants in a way that the nature of the crime is not somewhat weak, and that it is necessary to strictly punish the Defendants in a manner that creates a warning against the light view of public authority.

However, in light of the fact that all of the crimes of this case were recognized by the Defendants, and there is no record of criminal punishment against Defendant A, B, and C, the extent of assault committed by Defendant C and D to police officers is relatively minor, and other factors of sentencing as indicated in the records and changes of the case, such as the Defendants’ age, sex, environment, background of the crime of this case, and circumstance before and after the crime, etc., the lower court’s punishment against the Defendants is too uneasible and unreasonable. Thus, the Prosecutor’s aforementioned assertion is without merit.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.

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