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(영문) 수원지방법원 2016.11.24 2016노2959
공무집행방해
Text

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

Reasons

1. The summary of the grounds for appeal that the court below sentenced the Defendants to the punishment (one million won per fine) is deemed to be too uneasible and unfair.

2. The instant crime committed by the Defendants was committed by assaulting a police officer dispatched by a neighbor’s report that the Defendants leaves a place of residence, and the nature of the crime is not good, and it is necessary to sentence a severe punishment with regard to the crime of obstruction of performance of official duties, such as the instant case, in order to eliminate the clibing with legitimate public authority and establish a legal order.

However, in full view of all the sentencing conditions, including the Defendants’ age, character and conduct, environment, and family relationship, it is difficult to deem that each sentence that the lower court sentenced to the Defendants is too uneasible and unreasonable, in light of the following factors: (a) the Defendants recognized the Defendants as substitute for the instant crime; (b) the degree of violence used by the Defendants is relatively excessive; and (c) the Defendants did not have

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

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