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(영문) 청주지방법원 2016.04.28 2016노151

공무집행방해

Text

The prosecutor's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the reasons for appeal is unreasonable because it is too unfasible to this point.

2. Circumstances unfavorable to the defendant are as follows.

Defendant assaulted police officers who perform their duties in uniform, thereby damaging the public authority with respect to law enforcement.

The defendant has been punished for a fine of KRW 2 million on December 12, 1997 due to a crime that interferes with the performance of official duties, etc. < Amended by Act No. 6381, Apr. 10, 2001; Act No. 7690, Jul. 1, 2005; Act No. 11214, Jan. 9, 2012>

The Defendant was sentenced to one year of imprisonment for a crime of violating the Traffic Act on December 19, 2013, and committed the instant crime again during the repeated crime period even after the execution of the sentence was completed on December 26, 2014. However, the Defendant had the following favorable circumstances:

The Defendant made a confession of all of the crimes of this case and is in profoundly against the Defendant.

The extent of the Defendant’s assault is serious.

It does not appear.

The defendant seems to have committed the crime of this case in a drunken manner.

The defendant is physically disabled with the third degree of disability who wears the arms on the right bridge, and supports the wife of de facto marriage with a disability of the second degree of mental retardation.

L's employees and persons with disabilities who work for the defendant want to have the defendant's wife.

In addition, comprehensively taking into account the Defendant’s age, sex, motive and background of the crime, means and consequence, circumstances after the crime, crime records, and all of the sentencing conditions indicated in the instant arguments and records, the lower court’s punishment is too uneasible and unreasonable.

The prosecutor's assertion is without merit.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.