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(영문) 수원지방법원 2016.09.01 2016노960
공무집행방해
Text

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

Reasons

1. The summary of the prosecutor’s appeal grounds of this case’s crime is unreasonable in light of the following: (a) the police officers who received 112 reports and tried to arrest Defendant A as an offender in the crime of assault by assaulting the police officers to obstruct the performance of official duties by committing an assault, such as keeping the body of the police officers, taking a uniform uniform, etc.; and (b) the Defendants are capable of having been subject to criminal punishment due to violent crimes and not showing any contingent crime; and (c) the sentence of the court below that sentenced the Defendants to a fine of two million won is too uneasible.

2. The defendants recognized the defendants' mistake and resisted, the degree of violence committed to police officers is relatively limited to the long-term size, and the defendants appeared to have committed each of the crimes of this case in a contingent manner under the influence of alcohol, and there is no record of criminal punishment for obstruction of performance of official duties. In light of the motive and background of each of the crimes of this case, circumstances before and after the crime of this case, degree of damage, and other various matters stipulated in Article 51 of the Criminal Act, such as the defendants' personality and behavior, environment, family relationship, etc., considering the circumstances alleged in the grounds of appeal, the above argument is without merit, since the court below's punishment against the defendants is too unjustifiable, considering the circumstances alleged in the grounds of appeal.

3. The appeal against the Defendants by the prosecutor of the conclusion 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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