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(영문) 서울고등법원 2015.06.05 2015노575
특수공무집행방해치상등
Text

All appeals filed by the prosecutor, the defendant A and B are dismissed.

Reasons

Summary of Grounds for Appeal

The sentencing of the court below (1) is inappropriate because the sentence of the court below (2 years and six months of imprisonment, 3 years of probation, 160 hours of community service, 2 years of imprisonment, 3 years of probation, 80 hours of community service, 3 years of probation, 3 years of probation, 80 hours of probation, 3 years of probation, 80 hours of community service, 4 years of probation, 2 years of probation, 3 years of probation, 120 hours of community service) is too uneasible

(A) On the contrary, the above sentencing is too unreasonable.

The Defendants A and B. The crime of injury resulting from the obstruction of special performance of official duties by the Defendants is the crime of obstructing police officers, 112 patrols, including M, L, N, etc. and lawful performance of official duties in the arrest of flagrant offenders, and causing injury to M for about two weeks in need of medical treatment.

In addition, Defendant D damaged the police antenna, which is a public object.

Defendant

A, the main point of which is the victim I, damaged 10 beer owners, who are the victim I's property, and carried a shoulder beer's disease, which is a dangerous object, and threatened the victim.

The Defendants’ crime of injury resulting from the obstruction of the performance of special duties is a crime that, by obstructing the exercise of legitimate public authority to maintain public peace and order, and by causing injury to police officers in charge, the State functions are circumvented. The Defendant A’s act of causing property damage and intimidation is a crime that may have serious danger to the life and body of the said victim.

Although the Defendants had reached an contingent crime due to the cost of the alcohol value test, considering that the Defendants’ character, conduct and quality of the crime were extremely poor as seen above, it is necessary to impose strict criminal liability on the Defendants.

However, it is necessary to fully consider the following circumstances in determining the specific punishment against the Defendants.

Defendants, especially the Defendants.

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