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(영문) 광주고등법원 2016.07.14 2016노125
특수공무집행방해치상등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. The Defendant, while proceeding with the assembly, assaulted the police officers who prevented them from moving out of the reported place of assembly, and inflicted an injury on them.

Even when considering the meaning of freedom of assembly and legitimacy of the purpose of assembly, such crime is an act that disturbs legal order, and it cannot be said that it inevitably occurs in the process of assembly.

In any circumstance, it is necessary to strictly punish in that an expression of intent by which illegal means and violence are mobilized is not recognized, and it is necessary to take corresponding responsibility.

However, the defendant led to the confession of the crime of this case, and the mistake is divided.

The victim N, R, U, and S made efforts to deposit cash for damage recovery, and among them, U does not want punishment in U by unanimous agreement with U.S.

Although there are records of the same crime, it is only ten years prior to the crime, and there is no record of the crime exceeding the fine.

Injury suffered by police officers is not directly caused by the defendant's direct act, but is not much serious to the degree of injury.

It seems that social ties are relatively clear, such as the birth of the defendant's wife from all levels of society as well as his family and the persons.

In full view of the records and all of the sentencing conditions in the instant case, including the Defendant’s age, family relation, criminal record, relation, sexual conduct, environment, motive and background of the offense, means and method of the offense, circumstances after the offense, sentencing guidelines of the Supreme Court sentencing committee, etc., it cannot be said that the lower court’s punishment is too heavy, or that it is unfair to the extent that it should be destroyed because it is too harsh or too harsh.

All the arguments of the defendant and the prosecutor disputing them are not accepted.

2. Conclusion, the appeal filed by the Defendant and the Prosecutor is dismissed.

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