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(영문) 청주지방법원 2015.05.01 2014노1201
공무집행방해등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (two years of imprisonment for a term of eight months probation, probation, and community service work for one hundred and twenty hours) declared by the court below is too uneasy and unreasonable.

2. The crime of this case committed by the Defendant, on the ground that the Defendant appears to have his face in a singing room, interfered with the singing room business by going through and damaging the floor of the singing room room, etc., and the police officers who called out after receiving the report, take the single of the single of the police officers, and even if sing the single of the police officers’ face, interfered with the performance of official duties, such as interfering with the Defendant’s face, and inflict injury on the police officers at the same time, and at the same time interfered with the Defendant’s performance of duties, such as once the Defendant’s face of the police officer (I) going beyond his own drinking, re-sing the face of his own drinking, etc., and the punishment for the unlawful act is serious.

In addition, the defendant has been punished by a fine for 2003 and 2011 due to violent crimes.

In order to establish the authority and function of the public authority with regard to the defendant who has actively displayed violence beyond the simply interfering with the performance of official duties for police officers in uniform, a serious punishment is required.

However, the Defendant seems to have recognized all of the crimes of this case and against his mistake.

In addition, the victims do not want the punishment of the defendant because the victims have reached an agreement smoothly with the victims.

In addition, it is difficult to view that there is no criminal history except that the defendant was sentenced to a fine due to injury during the last ten years, and thus, the risk of recidivism is high. The most important reason is that the defendant should support the wife and three children, and the defendant's age, character and conduct, intelligence and environment, relationship to victims, motive, means and consequence of the crime, and other conditions of sentencing such as the circumstances after the crime.

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