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(영문) 청주지방법원 2017.03.16 2016노1210

공무집행방해

Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (amounting to KRW 3,00,000) is too unhued and unreasonable.

2. Circumstances unfavorable to the defendant are as follows.

The defendant exercised violence against the victim police officers who had legitimate execution of official duties.

In 2008, the defendant has been sentenced to a fine of KRW 700,000 as a crime of damaging public property, and there is a record of criminal punishment on several occasions due to drinking driving.

The damaged police officers were punished for the defendant.

Circumstances favorable to the defendant shall be as follows:

The defendant is deeply divided into and reflected in the crime of this case.

The Defendant committed the instant crime in contingency under the influence of alcohol.

The degree of assault against damaged police officers is not much serious.

Since 1991, the defendant had no record of criminal punishment for the same crime, in addition to the previous conviction of around 2008.

In addition to the above circumstances, considering the Defendant’s age, sex, career, environment, background and consequence of the crime, and all of the sentencing conditions indicated in the instant records and arguments after the crime was committed, the lower court’s punishment cannot be deemed to be unfair because it is too uneasible.

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 prosecutor's appeal is without merit. It is so decided as per Disposition.