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(영문) 청주지방법원 2016.06.09 2016노147
공무집행방해등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (ten months of imprisonment, two years of suspended execution, one year of observation of protection, and one hundred and sixty hours of community service) of the lower court’s punishment is unfair because it is too uneasible (the prosecutor appealeds the judgment of the lower court on the first trial date of the first trial of the lower court, which is only an unfair sentencing, and the part of the judgment of the lower court which appeals to the whole of the judgment of the lower court is reasonable, and it is also subject to a trial of the lower court). 2. Circumstances unfavorable to the Defendant are as follows.

The defendant suffered an injury by taking the face and part of a female victim who was fighting with a female-friendly Gu, and the police officers who continued to be called were able to take a bath, and suffered an injury by using violence.

Police G is punished against the defendant by police officers G.

Defendant has been sentenced to criminal punishment several times for violent crimes, including being sentenced to one year and six months of imprisonment with prison labor and two years of suspended execution due to interference with competition in 2012.

Circumstances favorable to the defendant shall be as follows:

When the defendant lives in prison for more than one month, he seriously reflects his wrong and repents his wrong.

The defendant seems to have caused the crimes of this case by contingency while fighting with a female-friendly Gu and fighting under the influence of alcohol.

It does not seem that the degree of injury suffered by injured victims and police officers is too serious.

In the court below, the defendant sought the preference against the defendant in consultation with KK of the injured victim and the police officer.

The defendant deposited KRW 500,000 for police officer G in the court below.

Defendant has no previous convictions.

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.

3. Thus, the prosecutor's appeal is without merit.

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