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(영문) 청주지방법원 2015.11.06 2015노585
업무방해등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal of this case (one year of imprisonment with prison labor for six months) by the court below is deemed to be too unhutiled and unfair.

2. The instant crime committed by the Defendant: (a) resisting that the mold that the Defendant had been receiving the previous medical treatment at a dental hospital operated by the victim D, the Defendant was urged from the police officers reported by the Defendant to go to the hospital; and (b) assaulting the police officers in uniform, such as taking the bridges of the said police officer by hand, and taking the bridges of the said police officer; and (c) interfere with the pertinent victim’s hospital’s business by force by force, and the punishment of the unlawful act is not weak.

In addition, considering the fact that the Defendant did not seem to have an attitude contrary to the truth, such as disputing most of the instant crimes up to the trial, it is necessary to punish the Defendant strictly.

However, the defendant is also recognized that the defendant flabbling of damaged police officers itself.

Furthermore, it seems that the defendant was punished for a conflict with the victim D at the time, and even after the police, it seems that the defendant committed each of the crimes of this case rapidly and contingently while making a conflict with the police.

In addition, the judgment of the court below that the defendant was smoothly agreed with the victim D and the above victim did not want the punishment of the defendant. It is only the past (1980 and 1990) that has long been punished by a minor fine for other crimes. They have been divorced from the two times due to traffic accidents, and the foreign children died from the two times, and have been making it difficult for the defendant to make it difficult for the defendant to do so. The health conditions are not good, such as the defendant's age, character and behavior, character and environment, intelligence and environment, relationship with the victim, motive, means and consequence of the crime, and the circumstances after the crime.

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