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(영문) 대전고등법원 (청주) 2015.12.17 2015노122

특수공무집행방해치상등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for one year and six months, and three years of suspended execution) of the lower court is deemed unreasonable.

2. Determination:

A. The lower court sentenced three years of suspension of execution to one year and six months, taking into account all the sentencing conditions, including the Defendant’s age, character and conduct, motive and background of the crime, means and consequence of the crime, the circumstances after the crime, and criminal records, in light of the following factors: (a) the police officer, who carried with dangerous objects, and thereby inflicted harm on the public authority for the enforcement of the law; (b) the Defendant appears to have violated the depth; (c) the police officer’s injury was not excessive; (d) the Defendant agreed with D; (d) the damaged public objects were recovered; and (e) the Defendant was detained; and (e) the Defendant was detained.

B. In light of the record, even if the prosecutor considers the various circumstances cited in the grounds for appeal, the lower court’s punishment is not deemed to be unreasonable.

The prosecutor's ground for appeal is without merit.

3. If so, the prosecutor's appeal is without merit. Thus, the appeal is dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.