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(영문) 서울중앙지방법원 2017.10.12 2017노2314
공무집행방해등
Text

All appeals by the Defendants are dismissed.

Reasons

The summary of the grounds for appeal (unfair sentencing) that the court below sentenced the defendants to the punishment (eight months of imprisonment) is too unreasonable.

Judgment

Defendant A was punished by a fine of five million won for a violation of traffic laws at the Seoul Central District Court Decision 2016 high-speed 28236, and a violation of the Road Traffic Act (Drinked without a license) (Evidence Records No. 131). Defendant A, upon receiving a report, demanded a police officer to take drinking measurement at his/her own discretion, was at the inside of the police officer H, and Defendant B was at the seat of the police officer. Defendant B was at the seat of the police officer after the police officer G who arrested Defendant A, thereby obstructing the legitimate performance of his/her duties. Defendant B was at a disadvantage of two weeks. Defendant G was at the risk of suffering from an injury requiring medical treatment, including organized violence crimes; Defendant A was subject to punishment for multiple violent crimes; Defendant A was subject to a fine of one million won to a fine of one hundred and fifty-one million won for the same kind of crime of obstruction or damage to the police officer’s official duties on May 7, 2009; Defendant B was at the seat of one of the two hundred five weeks of the crimes of public goods.

However, in the appellate trial, the Defendants recognized the instant crime, against whom the instant crime was committed, and agreed with the police officer, and Defendant A agreed with the lower court (written application for punishment on September 27, 2017). Defendant B agreed with the police officer on the part concerning the victim G and the injured part (written agreement on September 4, 2017), Defendant B did not focus on the degree of injury to the victim G, and Defendant A should consider the equity with the case where the judgment was received simultaneously with the special assault, etc. for which the judgment became final and conclusive.

In addition, the age, environment, sex, motive of the crime, circumstances before and after the crime, etc. of the Defendants.

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