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(영문) 청주지방법원 2014.11.06 2014노764
공무집행방해등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (a fine of three million won) declared by the lower court is too unhued and unreasonable.

2. The instant crime committed by the Defendant, under the influence of alcohol, destroyed the victim B, who is a taxi driver, thereby destroying the aforementioned victim’s mobile phone, and assaulting the police officer who was dispatched after receiving a report, thereby obstructing the police officer’s legitimate performance of duties, and the nature of the crime is not very good. However, in full view of the following: (a) the Defendant’s mistake is recognized and reflects; (b) the degree of assault and damage is not serious; (c) the Defendant agreed with the victim B; and (d) other various sentencing conditions indicated in the records and arguments, such as the Defendant’s age, character and behavior, environment, motive and circumstance of the crime, and circumstances after the crime, etc., the lower court’s punishment is deemed reasonable; and (d) the Prosecutor’s aforementioned assertion is without merit.

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.

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