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(영문) 인천지방법원 2020.06.11 2019노3529
공무집행방해
Text

All appeals by the Defendants and the Prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the court below against the Defendants (a fine of five million won) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below against the Defendants is too unhued and unreasonable.

2. The facts that the Defendants were led to the confession of the instant crime and divided, Defendant A did not have any history of criminal punishment, Defendant B did not have any history of criminal punishment exceeding the same kind of crime or fine, and the Defendants’ joint payment of KRW 2 million to the victims in the damages lawsuit filed against the Defendants are more favorable.

On the other hand, the crime of obstruction of the performance of official duties is a crime that interferes with the legitimate exercise of public authority and thus causes severe punishment.

In full view of the aforementioned circumstances and the Defendants’ age, character and conduct, environment, motive, means and consequence of the crime, and other circumstances that form the conditions for sentencing as indicated in the instant case, it cannot be deemed that the sentence imposed by the lower court is too heavy or unreasonable.

Therefore, the Defendants and the prosecutor’s argument of unreasonable sentencing is without merit.

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

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