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(영문) 의정부지방법원 2016.07.29 2016노1004
공무집행방해등
Text

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

Reasons

1. The summary of the grounds for appeal is unreasonable because each of the punishments (one million won by each fine) declared by the lower court to the Defendants is too unfilled.

2. We examine the reasoning of appeal. Defendant A interfered with the victim's business by demanding the payment of the drinking value, and interfered with the victim's desire, and each of the crimes of this case committed by Defendants, such as obstructing the performance of official duties by assaulting the police officers who were dispatched upon receiving the victim's report by the Defendants, etc., in light of the content and method of the crime, etc., each of the crimes of this case committed by Defendants need to be strictly punished in order to protect the legitimate performance of official duties of the State and to establish a sound social order. Defendant A has the records of having been punished several times due to the same crime, etc., Defendant A has the records of having been punished several times due to the same crime, etc., Defendant B committed the crime of this case during the suspension of execution due to the violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.).

However, in full view of all the criminal facts of this case, the defendants are aware of their mistakes, and the extent of the types used by the defendants to the victimized police officer is relatively excessive; the victims of the crime of interference with the business of this case and the defendants agreed to have only one million won for the victimized police officer; the general amounts of punishment in the same and similar cases are balanced; the defendants' age, sex, conduct, intelligence and environment; the motive and consequence of the crime of this case; the relation with the victim, means and consequence, frequency of the crime, possibility of recidivism, circumstances after the crime, family relations, health conditions, and other various circumstances that are the conditions for the sentencing of this case, the punishment imposed by the court below on the defendants is unfair as it is deemed reasonable and excessive.

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