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(영문) 청주지방법원 2015.08.20 2015노540
공무집행방해등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the lower court’s punishment (a fine of KRW 7.5 million) is too unhued and unreasonable.

2. The circumstances unfavorable to the defendant are as follows.

The defendant suffered a bodily injury for three weeks by asking the arms of police officers within the earth's zone.

The Defendant caused damage to public authority by committing the instant crime.

The conditions favorable to the defendant shall be as follows:

The defendant is in profoundly against his wrongness.

The degree of injury of the victim is not severe.

The defendant deposited 1.5 million won in the court for the recovery of the victim's damage.

The Defendant has no record of criminal punishment before committing the instant crime.

In full view of the various circumstances against the above defendant, taking into account the defendant's age, character and conduct, environment, family relationship, motive and circumstance of the crime, and all the sentencing conditions as shown in the records and arguments of this case, the sentence of the court below cannot be deemed unfair because it is too uneasible.

The prosecutor's assertion is not accepted.

3. In conclusion, the prosecutor's appeal 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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