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(영문) 인천지방법원 2014.05.09 2014노641
공무집행방해등
Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the reasons for appeal is that the respective punishment of the court below (10 months of imprisonment; 8 months of imprisonment) is too unreasonable.

2. The fact that the Defendants were aware of the instant crime and the Defendants were able to repent of the wrong facts is favorable to the Defendants.

However, the court below seems to have determined punishment by fully considering the circumstances favorable to the Defendants, and it seems that there was no change in circumstances that could change the circumstances between the court below and the punishment. The crime of this case is very poor that the Defendants, a member of the violent organization, jointly resisted against police officers who intend to arrest a criminal suspect and used violence. The Defendants committed the crime of this case during the period of repeated crime, and the Defendants committed the crime of this case during the period of repeated crime, taking into account the following factors: (a) the Defendants committed the crime of this case during the period of repeated crime; and (b) other various sentencing conditions in the records and arguments, such as the age and behavior environment of the Defendants; and (c) the circumstances before and after the crime, it is not unreasonable for the court

3. As such, the Defendants’ appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, since all of the appeals are without merit. It is so decided as per Disposition.

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