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(영문) 인천지방법원 2017.08.11 2017노1690
공무집행방해
Text

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

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s respective punishment (a fine of KRW 10 million for Defendant A, and a fine of KRW 7 million for Defendant B) against the Defendants is too uneased and unreasonable.

2. The fact that Defendant A was subject to punishment for multiple violent crimes, thereby committing the instant crime during the period of repeated crime, and that the Defendants’ act was bad in light of the form of the Defendants’ act, is disadvantageous to the Defendants.

However, the Defendants appears to have committed the instant crime by drinking alcohol, and the fact that the Defendants were led to a confession and reflect of the commission of the crime after the lapse of the period, the degree of exercise of force against police officers, and Defendant A deposited money at the lower court for the pertinent police officer, and other various circumstances that form the conditions for sentencing indicated in the record, such as the Defendants’ age, sex and environment, motive, means and consequence of the commission of the crime, etc., the sentence against the Defendants cannot be deemed unfair because the sentence against the Defendants is too uneasible.

3. If so, the Prosecutor’s appeal against the Defendants is without merit. Thus, the Prosecutor’s appeal is dismissed pursuant to Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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