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(영문) 수원지방법원 2017.04.14 2016노5753
공무집행방해
Text

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

Reasons

1. The summary of the grounds for appeal that the court below sentenced the Defendants to the punishment (4 million won by each fine) is deemed to be too unhutiled and unfair.

2. The crime of this case requires a strict punishment for obstructing the performance of official duties for the establishment of public authority and the protection of legal order. The crime of this case is not likely to be committed by the Defendants threatening and assault police officers dispatched to the scene of disturbance. However, there is no criminal history for Defendant A, nor there is no criminal history for Defendant B, nor there is no criminal history for the same kind of crime, and the Defendants recognize and reflect on their own crime, and other sentencing conditions as shown in the arguments, such as the Defendants’ age, sex, environment, motive, means and consequence of the crime, etc., the sentence imposed by the lower court is too uneasible and unfair.

Therefore, prosecutor's assertion is not accepted.

3. In conclusion, the prosecutor's appeal against the Defendants 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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