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(영문) 청주지방법원 2015.04.10 2014노1289
공무집행방해등
Text

The prosecutor's appeal is dismissed.

Reasons

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

2. The instant crime committed by the Defendant, upon receiving a report from the police officer, was committed by drinking alcohol and assaulting police officers while taking a bath to the police officer, and the illegality of the instant crime was high.

Such crimes against police officers with legitimate exercise of public authority need to be strictly punished in order to maintain public order and establish legal order.

However, the Defendant seems to have recognized all of the crimes of this case and opposed to it.

In addition, it seems that the degree of assault inflicted by the defendant to police officers is not much serious.

In addition, in full view of various circumstances, including the Defendant’s age, character and conduct, intelligence and environment, relationship with the victim, motive, means and consequence of the crime, etc., it is not recognized that the sentence determined by the lower court is too uneasy and unreasonable, in light of the fact that the Defendant has committed the instant crime under the influence of alcohol, and that it appears that the Defendant committed the instant crime without any criminal history, even though under the influence of alcohol.

The prosecutor's ground of appeal cannot be accepted.

3. The prosecutor's appeal of conclusion 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.

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