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(영문) 수원지방법원 2018.06.14 2018노855
공무집행방해
Text

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

Reasons

1. The summary of the grounds for appeal of this case is that the Defendants used violence against police officers who perform official duties, and the nature of the crime is serious, the sentence of the lower court (Defendant A: a fine of KRW 4 million, Defendant B, and Defendant C: each of the fines of KRW 3 million) is too uneasible and unreasonable.

2. On the ground that Defendant A demanded a cigarette butts to do so, Defendant B and C exercised violence against police officers on the ground that they demand identification card, and Defendant B and C arrested the police officers on the ground that they interfere with the performance of official duties.

Considering the fact that the crime of the Defendants is a light of public authority and requires the protection of the legitimate execution of public authority, the Defendants should be punished strictly.

However, in light of the fact that the Defendants did not have the same criminal history, the Defendants appears to have an attitude against their mistakes, and the overall sentencing conditions as shown in the arguments in this case, such as the age, sex, environment, etc. of the Defendants, the lower court’s punishment is too uneasible and unreasonable.

3. Since the appeal of this case against the Defendants by the public prosecutor in the conclusion of the judgment is without merit, all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

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