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(영문) 대구지방법원 2016.12.09 2016노1247
공무집행방해등
Text

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

Reasons

1. The summary of the grounds for appeal is unreasonable since each sentence (a fine of KRW 3 million is imposed on the Defendants, and a fine of KRW 1 million is imposed on the Defendants A) declared by the lower court to the Defendants is too unfasible.

2. The crime of this case is committed by Defendant A, upon receiving a report that the Defendants are being pushed by the Defendants, and assaulted to the victimized police officers who are asked for the circumstances. Defendant B’s arrest was obstructed by assaulting the victimized police officers when Defendant A was arrested due to the above crime. In order to establish the State’s legal order and to eradicate light of public authority, the crime of obstruction of the performance of official duties as in this case requires strict punishment, and Defendant A has the record of receiving juvenile protective disposition due to the same crime. However, there are unfavorable circumstances such as the Defendants’ confession of the crime. Meanwhile, the Defendants are against the Defendants’ confession, and the degree of violence or obstruction of the performance of official duties, the degree of the Defendants’ assault or obstruction of the performance of official duties, the value of the public goods damaged by Defendant B is not excessive; Defendant B did not have the record of criminal punishment; Defendant B did not have the record of sentencing with the same or similar incidents; Defendant B’s age, character and conduct, environment, motive and circumstance leading to the crime of this case; Defendant A’s motive and circumstance after the crime.

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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