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(영문) 전주지방법원 2013.04.19 2012노1376
폭력행위등처벌에관한법률위반(집단ㆍ흉기등감금)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (one year of imprisonment, two years of suspended sentence, 40 hours of probation, and violent therapy) that the court below sentenced is too unfasible and unfair.

2. The instant crime committed by the Defendant, carrying the victim L with knife, detained the victim K by threateninging the victim K with the above knife, obstructed the police officer I and J, thereby obstructing the police officer’s legitimate performance of official duties, and at the same time obstructing the police officer’s legitimate performance of official duties after the three-month period from the police officer, and at the same time obstructing the police officer’s legitimate performance of official duties, it cannot be said that the said police officer’s nature and the crime are somewhat weak.

However, in full view of the following circumstances: (a) the Defendant did not have any history of punishment for the same crime; (b) the Defendant agreed with the victims other than I, J, and T, who are police officers, among the victims of this case; (c) KRW 300,000,000 has been deposited to the court for the sake of the above victims I, J, and T; (d) the Defendant recognized the instant crime and seriously reflects his mistake; and (e) other circumstances, including the Defendant’s age, character, conduct, environment, family relationship, and circumstances after the instant crime, the Defendant’s punishment imposed by the court below is too unjustifiable and thus, the Prosecutor’s assertion is without merit.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.

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