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(영문) 수원지방법원 2016.09.29 2015노6137
폭력행위등처벌에관한법률위반(공동퇴거불응)
Text

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

Reasons

1. The summary of the grounds for appeal is that each of the punishments (the suspended sentence of a fine of KRW 500,000 for each of the 500,000 for Defendant A, B, C, D, and E) against the Defendants is too unfasible and unfair.

2. The Defendants did not comply with the request for the withdrawal of the public official in charge at least three times in the event of tobacco farming in front of the Gyeonggi-do government office, thereby hindering the performance of the duties of the government office and causing inconvenience to the general public. As such, the Defendants’ criminal liability is minor.

shall not be deemed to exist.

However, the Defendants recognized all the crimes of this case for the first time, and Defendants A, B, C, D, and E are not in the position to lead the crimes of this case, and when Defendants A, C, D, and E were employed by the Gyeonggi-do Human Resources Development Institute and were notified of their dismissal, they were requested from the Do Governor to hold an interview with the Do Governor to correct the unjustness, and they caused the crime of this case. After the crime of this case, Defendants A, C, C, D, and E are reinstated to the Gyeonggi-do Human Resources Development Institute, and the conflict caused by the above notification of dismissal seems to be resolved. After the crime of this case, Defendant B, C, D, E, and I did not have any history of criminal punishment until now, and Defendant A, G, and H did not have any history of criminal punishment for the same kind of crime, in full view of all the favorable circumstances such as their age, character, environment, family relationship, etc., it is difficult to view that each sentence imposed on the Defendants of the lower judgment is too unfeasible.

3. In conclusion, since each appeal against the Defendants by the prosecutor is without merit, it is dismissed in entirety in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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