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(영문) 서울동부지방법원 2015.12.04 2015노1247
공무집행방해등
Text

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

Reasons

1. The summary of the grounds for appeal against the Defendants (e.g., e., e., e., 2.5 million won) is too uneased and unreasonable.

2. It is recognized that the instant crime committed an assaulting a police officer, who was dispatched after receiving a report, while under the influence of alcohol, and the nature of the offense is grave.

However, in full view of the following circumstances: (a) the Defendants, who were the primary offenders, committed all their criminal acts and committed a mistake in depth; (b) not only seem to have reached a contingent crime but also did not seem to have high risk of repeating a crime; (c) the Defendants agreed with some of the victims of assault; and (d) the Defendants’ age, career, and family relationship, and other various circumstances that are the conditions for sentencing, the sentence imposed by the lower court is too unreasonable.

3. In conclusion, the Prosecutor’s appeal against the Defendants is dismissed in accordance with Article 364(4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.

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