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(영문) 서울북부지방법원 2016.09.22 2015노1650
공무집행방해
Text

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

Reasons

1. The summary of the grounds for appeal that the court below sentenced the Defendants (the Defendants’ penalty of KRW 5 million per fine) is too unfasible and unreasonable.

2. The crime of this case was committed by the Defendants upon receipt of the report 112, and was committed against the Defendants, and the liability for the crime was not somewhat weak. However, the Defendants are against the Defendants’ recognition of the crime of this case, the degree of tangible force exercised by the Defendants is not serious, the Defendants did not have any record of punishment for the same crime, and other circumstances, which form the conditions for sentencing as shown in the arguments and arguments, such as the motive and background leading up to the crime of this case, the means and method of the crime, the circumstances before and after the crime, the Defendants’ age, sexual behavior, the environment, occupation, and family relation, are considered, and the punishment imposed by the lower court is too uneasible and unfair.

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

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