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(영문) 청주지방법원 2015.10.15 2015노775

공무집행방해등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (two months of imprisonment, two years of suspended execution, and one hundred thousand won of fine) is too unhued and unreasonable.

2. Circumstances unfavorable to the defendant are as follows.

In 199, the Defendant was sentenced to a fine of KRW 1.5 million due to the obstruction of performance of official duties, etc., and was sentenced to a fine of KRW 1.5 million for the crime of violence in 2001, 2010, and 2012, and was again sentenced to a fine of KRW 3 times more for the crime of this case.

The defendant shall not be deemed to be light in terms of the degree of violence, such as drinking a part of his title as a police officer.

The Defendant committed violence against police officers who perform their duties by suffering from work uniforms, thereby damaging the public authority on law enforcement.

However, there are the following favorable circumstances for the defendant.

The Defendant confessions the instant crime and reflects all of the crimes.

The defendant supports the sick and minor children.

There shall be no criminal records except for the previous offense committed against the defendant.

The Defendant compensated the victim for the total amount of alcoholic beverage payments, etc. related to the intangible food.

In addition, comprehensively taking account of the Defendant’s age, character and conduct, motive and background, means and consequence of the commission of the crime, circumstances after the commission of the crime, and all of the sentencing conditions indicated in the instant arguments and records, such as criminal records, the lower court’s punishment is deemed unreasonable.

The prosecutor's assertion is without merit.

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