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(영문) 서울남부지방법원 2012.12.27 2012노1624
공무집행방해
Text

All of the appeals by prosecutors are dismissed.

Reasons

1. The summary of the grounds of appeal is that the crime of this case was committed by the Defendants by assaulting and breathing police officers performing official duties, and the nature of the crime is bad, and that there was a record of punishment as violent crime in the case of Defendant B, the punishment of the lower judgment against the Defendants is too uneasible and unreasonable.

2. The judgment is based on the following circumstances: the Defendants’ use of violence is not against the nature of the crime in light of the public order and strictness of performing official duties; however, the Defendants’ mistake in depth and reflects it; Defendant A did not have any previous conviction except for the crime of violating the Juvenile Protection Act; Defendant B did not have been sentenced once to a fine due to the crime of violating the Juvenile Protection Act; Defendant B caused the instant crime by contingently taking into account the fact that the police officer’s taking the locks against Defendant A, and all other circumstances, including the Defendants’ age, character and behavior, home environment, motive and circumstance leading to the instant crime, and circumstances after the crime, etc., were taken into account, and thus, it is not recognized that the lower judgment’s punishment against the Defendants is too unreasonable. Thus, the Prosecutor’s assertion is without merit.

3. Accordingly, 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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