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(영문) 수원지방법원 2018.02.08 2017노6758
공무집행방해등
Text

All appeals by the Defendants and the Prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s sentence against the Defendants (Defendant A: 6 months of imprisonment; 1 year of probation; 40 hours of community service order; and 4 million won of fine) is too unreasonable.

B. The lower court’s sentence against the Defendants on the prosecutor is too unhued and unreasonable.

2. We examine both the Defendants and the Prosecutor’s respective arguments regarding sentencing.

The circumstances favorable to the Defendants are that the victims were not injured due to the instant crime committed by the Defendants, that Defendant A was assaulted by the victim F, and that Defendant B was an initial offender who had no criminal record.

Meanwhile, as in the instant case, the crime of assaulting a police officer who wears a uniform and performs official duties is an unfavorable circumstance against the Defendants, such as the establishment of a national legal order, the establishment of a public authority, the elimination of a uniform by a police officer, the removal of the uniform, etc., the degree of assault accompanying the crime of obstructing the performance of official duties in this case, such as the removal of the uniform by the damaged police officer, seems not to have been somewhat weak, the damage to the victim of the assault was recovered, or the agreement was not reached, and the Defendant A was subject to criminal punishment several times due to the same violent crime.

As above, the lower court appears to have determined the punishment in consideration of various favorable and unfavorable circumstances to the Defendants, and there is no special change in the depth of the case.

In addition, in full view of all the sentencing conditions indicated in the records of this case, such as the age, sex, environment, circumstances of the crime, and circumstances after the crime, etc., the sentencing of the court below is too heavy or it is difficult to view it as unfair because it is too heavy. Thus, each of the above arguments of the defendants and the prosecutor are without merit.

3. In conclusion, each appeal by the Defendants and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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