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(영문) 청주지방법원 2017.02.09 2016노1164
공무집행방해등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (amounting to KRW 5,00,000) is too unhued and unreasonable.

2. Circumstances unfavorable to the defendant are as follows.

The defendant exercised violence against the victimized police officers who had legitimate execution of official duties, and broken off the sponsor of the patrol car.

In 2015, the defendant has been sentenced to a fine of KRW 2,000,00 as an injury crime.

The damaged police officers were punished for the defendant.

Circumstances favorable to the defendant shall be as follows:

The defendant is deeply divided into and reflected in the crime of this case.

The degree of assault against damaged police officers is not much serious.

The defendant did not bear the repair cost of the patrol room, and the investigative agency compensated for the repair cost.

Since 2000, there is no record of criminal punishment except for the previous conviction of the police in 2015.

The defendant is economically difficult and his child's health is not good.

In addition to the above circumstances, 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 arguments after the crime was committed, the lower court’s punishment cannot be deemed to be unfair because it is too uneasible.

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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