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(영문) 청주지방법원 2017.10.26 2017노713
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 (five million won in penalty) is too unhued and unreasonable.

2. Circumstances unfavorable to the defendant are as follows.

In 2015, the Defendant was sentenced to imprisonment for one year with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused before the risk), and committed the instant crime during the suspended sentence.

The defendant has been sentenced to a fine of two million won for the same kind of crime in 2010.

Circumstances favorable to the defendant shall be as follows:

The defendant confessions the crime of this case and repents.

The extent of the Defendant’s assault is minor, and the damaged police officer did not have any injury.

The defendant seems to have committed the crime of this case in a drunken manner.

The defendant had no record of punishment for the same crime before and after the above 2010.

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 prosecutor's appeal is without merit. It is so decided as per Disposition.

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