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(영문) 청주지방법원 2016.11.17 2016노771

공무집행방해

Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is as follows: (a) the lower court’s punishment (fine 3,000,000) is too unhued and unreasonable.

2. Circumstances unfavorable to the defendant are as follows.

When the defendant was arrested as a flagrant offender and was investigated in the earth, he assaulted a police officer with a severe bath.

The damaged police officers were punished for the defendant.

The defendant has been sentenced to a fine of KRW 1,500,000 for the crime of obstruction of performance of official duties in around 2003 and a fine of KRW 1,50,000 for the crime of insult around 2010.

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, who is the visually disabled, seems to have committed the crime of this case in a contingent manner, after hearing the horses of the disabled in a drinking house, arrested the spawning as a flagrant offender and then without holding a showing part.

The degree of assault that the defendant uses to police officers is relatively relatively somewhat minor.

The defendant has no previous convictions of imprisonment.

In addition to the above circumstances, considering the Defendant’s age, character and conduct, career, environment, background and consequence of the crime, and all of the sentencing conditions indicated in the instant records and pleadings, such as the circumstances after the crime, the lower court’s punishment cannot be deemed unreasonable 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 as it is without merit. It is so decided as per Disposition.