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(영문) 대구지방법원 2016.10.27 2016노1266
공무집행방해
Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., e., the defendants) of the lower court’s punishment (e.g., 3 million won per fine) is too unreasonable.

2. The Defendants recognized the instant crime and violated their mistake, Defendant A was punished twice by a fine, and Defendant B was punished three times by a fine. However, the Defendants did not have any record of punishment for the same crime as the instant crime, and the degree of assault by the instant crime does not seem to be serious, etc., in favor of the Defendants.

On the other hand, the crime of this case was committed against a police officer in the course of performing official duties, and the charge cannot be deemed to be less severe than that of the crime is disadvantageous to the defendants.

In full view of the above circumstances and other circumstances, including the Defendants’ age, character and conduct, environment, motive, means and consequence of the commission of the crime, and circumstances before and after the commission of the crime, each punishment against the Defendants is deemed appropriate as a punishment within the scope of the discretion of sentencing.

Therefore, the Defendants’ assertion is without merit.

3. As such, the Defendants’ appeal is without merit. Thus, 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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