logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 청주지방법원 2018.06.21 2018노62
공무집행방해등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal that the court below rendered is unreasonable as it is too unfasible to the extent that the punishment (amounting to KRW 8,00,000) is too unfased.

2. The lower court, on the grounds indicated in its reasoning, determined the above punishment against the Defendant. The Defendant did not appear to have an attitude against the Defendant, arguing that the Defendant’s blood alcohol concentration (0.131%) was lower at the time of the instant crime, at the investigation stage and the second trial date of the lower court, “the police officers suffered damage by force, such as the exercise of force, etc. by force,” and thus, did not appear to have any attitude against the Defendant, and thus, the circumstances claiming a sentence unfavorable to the Defendant in the trial at the lower court are deemed to have been sufficiently taken into account when determining the punishment at the lower court, and there is no particular criminal history except for the Defendant’s criminal punishment of a fine of KRW 300,000 as a result of a violation of the Juvenile Protection Act up to now, taking into account the fact that the Defendant was under the order of the instant crime in the third trial on the trial date and the trial at the trial of the lower court, the lower court’s sentencing was too unfford and exceeded the reasonable scope of discretion.

shall not be appointed by a person.

Therefore, prosecutor's assertion is not accepted.

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.

arrow