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(영문) 인천지방법원 2014.10.23 2014노1946
공무집행방해
Text

All appeals by the Defendants are dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (the defendant A: 6 months of imprisonment, the 2 years of suspended sentence, the 5 months of imprisonment and the 2 years of suspended sentence) is too unreasonable.

2. The court below's punishment against the Defendants is too unreasonable, considering the following factors: (a) the Defendants led to the confession of all the crimes; (b) there is no previous charge; (c) Defendant A deposited KRW 50,000 for the police officer I; (d) Defendant A re-offending the crime despite the previous charge of obstruction of performance of official duties twice; and (e) Defendant A used the police officer who performed official duties for legitimate law enforcement without any special reason; (c) Defendant A used the crime of this case without any special reason; (d) Defendant A’s face of police officer by drinking, etc.; and (e) Defendant A’s sentence of imprisonment with prison labor; and (e) the execution of the sentence was suspended; and (e) other factors of sentencing, such as the Defendants’ age, character, environment, circumstances, and circumstances after the crime, etc., the court below's sentence against the Defendants is too unreasonable.

3. As such, the Defendants’ appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, since all of the appeals are without merit. It is so decided as per Disposition.

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