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(영문) 청주지방법원 2018.01.25 2017노1229
공무집행방해
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 million won in penalty) is too unhued and unreasonable.

2. Circumstances unfavorable to the defendant are as follows.

There is a need to strictly punish the obstruction of the performance of official duties for the establishment of public authority and the protection of legal order.

A injured person is punished for the defendant.

Circumstances favorable to the defendant shall be as follows:

The defendant is led to confession and is against the law.

The defendant seems to have caused any contingent crime of this case under the influence of alcohol.

The frequency of the crime of assault was limited to once, and due to the assault by the defendant, the victimized police officer did not have an injury.

A defendant has no record of being sentenced to punishment exceeding the same kind of crime or fine.

In addition, considering the Defendant’s age, sex, career, environment, background and consequence of the crime, and all of the sentencing conditions indicated in the instant records and the previous theories, such as the circumstances after the crime, the lower court’s punishment cannot be deemed to be unfair because it is too uneasible.

The prosecutor's assertion is without merit.

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 appeal is without merit. It is so decided as per Disposition.

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