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(영문) 서울중앙지방법원 2016.09.09 2016노2074
특수공무집행방해
Text

All appeals by the Defendants and the Prosecutor are dismissed.

Reasons

1. As to each type of punishment (Defendant A: a fine of 4,00,000 won, Defendant B: a fine of 2,000,000 won, Defendant C: a fine of 3,000,000 won, Defendant C: a fine of 3,000,000 won) which has been pronounced by the first instance court of the summary of the grounds for appeal (unfair sentencing), the Defendants asserts that the above punishment is too unafford, and the prosecutor is too unafford and unfair.

2. We examine both the Defendants and the Prosecutor’s respective arguments on sentencing.

The Defendants used force directly to police officers in charge of maintaining the order at the assembly site in the process of a meeting in which a white person participated, and the nature of the crime is not good.

However, in addition to the fact that the Defendants are divided into their mistakes, the Defendants appear to have no same or special criminal history, and there are some circumstances to consider the nature of the assembly in which the Defendants participated, the social background, and the specific circumstances leading to the exercise of force, etc., and further, examining in detail the various circumstances that form the conditions for sentencing, such as each age, sexual conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime, it does not seem that each sentence imposed by the first instance court is too heavy or unreasonable.

Therefore, all of the defendants and prosecutor's arguments about the above sentencing are rejected.

3. In conclusion, the appeal filed by both the Defendants and the prosecutor 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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