beta
(영문) 청주지방법원 2015.06.25 2015노401

공무집행방해등

Text

All of the appeals by prosecutors are dismissed.

Reasons

1. The gist of the grounds for appeal is that the respective sentence of the court below (two years of suspended execution, one hundred and sixty hours of community service, and five million won of fine in case of defendant B) is too unhued and unreasonable.

2. Determination

A. The circumstances unfavorable to Defendant A are as follows.

The defendant met and interfered with the duty of convenience store, and the police officer called out upon receipt of a report to take care of his face, and assaulted several times, such as taking face and taking face with head.

The defendant's above assault causes injury to the victim, such as the bones of bones, etc., but the degree of injury is not somewhat weak.

The Defendant abused a police officer in uniform, thereby obstructing the performance of official duties, thereby causing serious damage to the public authority.

Although the Defendant had been punished several times for violent crimes, he committed each of the crimes of this case.

The conditions favorable to the defendant shall be as follows:

The defendant is in profoundly against his wrongness.

The defendant agreed with the police officer who is the victim, and the police officer submitted a written application to see that she would take the seat of the defendant.

Defendant was punished for violence-related crimes around 2003, and then was punished for drunk driving around 2007, and there is no record of being punished for the same crime before the crime of this case is committed.

After marriage, the defendant is living as the most sincere one after marriage.

In full view of the various circumstances against the above defendant, taking into account the defendant's age, character and conduct, environment, family relationship, motive and circumstance of the crime, and all the sentencing conditions as shown in the records and arguments of this case, the sentence of the court below cannot be deemed unfair because it is too uneasible.

The prosecutor's assertion is not accepted.

B. The circumstances unfavorable to Defendant B are as follows.

The defendant prevented police officers who arrest flagrant offenders from committing a crime.

The defendant shall be a police officer in uniform.