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(영문) 청주지방법원 2017.01.12 2016노941
공무집행방해등
Text

The judgment below

The part against the Defendants is reversed.

Defendant

B Imprisonment with prison labor for six months, and for four months, Defendant C.

Reasons

1. The summary of the reasons for appeal is that each sentence (Defendant B: imprisonment with prison labor for 6 months and Defendant C: imprisonment with prison labor for 4 months) against the Defendants is too unreasonable.

2. The Defendants’ unfavorable circumstances are as follows.

The Defendants, without any particular reason, inflicted injury upon the victim F several times, and exercised violence against the police officers dispatched.

Defendant

B used violence to the victim H who had observed the situation in the victim G and the surrounding area, which is the daily behavior of the victim F.

The victims who did not reach an agreement with the Defendants are punished for the Defendants.

Defendant

B has been punished by a fine for an injury in 2011.

However, the Defendants have the following favorable circumstances.

The defendants are living in prison for a considerable period of time in depth and reflect their mistakes.

The Defendants seem to have caused the crimes of this case by drinking sob and contingently.

The degree of injury suffered by victims seems to be relatively minor.

Defendant

B deposited KRW 1,00,000 for the victim F and G, and KRW 300,000 for the victim police officer I, respectively, and agreed with the victim H in the trial.

Defendant

C deposited 300,000 won for the victim police officer I in the original trial, and agreed with the victim F in the first trial.

Defendant

B is only three minor fines, and Defendant C is an initial offender who has no record of criminal punishment.

Defendant

C supports the mother who has a mental delay.

In addition to the above circumstances, taking into account the Defendants’ age, sex, career, environment, background and consequence of the crime, and all of the sentencing conditions indicated in the instant records and the previous theories, such as the circumstances after the crime, the lower court’s punishment against the Defendants is too unreasonable.

3. Accordingly, the Defendants’ appeal is justified.

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