beta
(영문) 청주지방법원 2014.08.14 2014노478

공무집행방해

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (one year of imprisonment, two years of suspended execution, and 240 hours of community service) declared by the court below is too uneasy and unreasonable.

2. The crime of this case cited a shoulder-sicker bottle, which is a dangerous object in the earth zone, and thereby obstructing the legitimate performance of official duties by threatening police officers, is disadvantageous to the Defendant.

However, considering the fact that the defendant has no previous department, that the defendant did not directly inflict any injury on the police officer, that the defendant has divided his mistake, such as finding a district unit after the case and seeking a use, and that the defendant supports the friendly children who have been divorced from her children while operating the cargo vehicle despite the fact that the defendant is a recipient of basic living who is not sufficiently equipped with the economic situation, the detention of the defendant is anticipated to involve excessive difficulty to her family members, and all the sentencing conditions in the records and arguments of this case, including the defendant's age, character, character, environment, family relationship, motive and circumstance of the crime, and the circumstances after the crime, it cannot be said that the punishment imposed by the court below is too unreasonable.

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