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(영문) 인천지방법원 2014.11.14 2014노1746
상해등
Text

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

Reasons

1. The summary of the grounds for appeal is unreasonable since the sentence imposed by the court below on the Defendants (the defendant A: imprisonment of eight months, the suspended sentence of two years, and the fine of three million won) is too unhued.

2. The defendant A assaulted the victim He and reported himself as the perpetrator for minor reasons, such as considering that he was guilty, and further assaulted the victim I on the ground that he reported him as the perpetrator. In light of the motive and circumstances of the crime of the assault, the defendants obstructed the performance of official duties by exercising force against the police officers who exercised legitimate public authority, and in the case of the defendant A, the defendant A had been sentenced to punishment due to the crime of attack, etc., the defendant A committed the crime of obstruction of performance of official duties without being aware even though he had many records of violent crimes in the case of the defendant B, and committed the crime of obstruction of performance of official duties without being aware of the fact that the defendants did not agree with the victims of the assault, and that the defendants did not take measures to recover damage to police officers.

However, the defendants recognized each of the crimes of this case and reflect their depth, it appears that the defendants committed each of the crimes of this case under the influence of alcohol, and the victims of the crime of this case were not injured. In the case of defendant A, the degree of damage was not limited, and the defendant B was detained for a certain period, and the defendant B was faced with the workplace life, and the military is faced with the entrance of the military, and there is no change in circumstances or circumstances that can be newly considered in sentencing after the decision of the court below, and there is no change in the circumstances or circumstances that are newly considered in sentencing, and other conditions of the arguments of this case and the sentencing as shown in the records, such as the motive, means and result of the crime of this case, etc.

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