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(영문) 인천지방법원 2015.09.11 2015노2122
공무집행방해
Text

All of the appeals by prosecutors are dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable because each sentence imposed by the court below on the Defendants is too unfasible.

2. We examine the judgment. The crime of this case was committed by the defendants upon receiving a report and obstructing legitimate performance of official duties by assaulting police officers dispatched by the defendants, and it is not good to commit the crime of this case. The defendant A committed the crime of this case even during the suspended execution period.

However, in light of the following: (a) the Defendants recognized the instant crime; (b) the degree of assault is not serious; (c) the police officers did not have a superior position due to the instant crime; (d) Defendant B was a primary offender who was not subject to any criminal punishment in the past; and (e) the sentencing conditions specified in the instant pleadings, including the Defendants’ age, character and conduct, the background of the instant crime; and (e) the circumstances after the instant crime, etc., the Prosecutor’s assertion does not accept the Prosecutor’s assertion on the grounds that each sentence imposed by the lower court to

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

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