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(영문) 청주지방법원 2018.09.06 2018노301
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the prosecutor’s appeal on the grounds of appeal is as follows: (a) considering the fact that the police officer called out upon receiving a report of a person under the influence of alcohol in a restaurant takes protective measures against the person under the influence of alcohol in the restaurant, considering the fact that the crime is extremely poor in light of the content of the instant crime committed by the Defendant, without any particular reason, in view of the fact that the nature of the crime is very poor; (b) the sentence of the lower court against the Defendant (3 million won) is too uneased and unfair.

In light of all the above circumstances asserted by the prosecutor, even if the defendant took into account all of the crimes in this case, the defendant's mistake is divided in depth while committing the crimes in this case. In addition, it is deemed that there is no criminal history of the same kind of crime, criminal punishment within about 20 years recently, and the crime in this case was committed contingent while under the influence of alcohol, not planned crimes, and other various sentencing conditions expressed in the argument in this case, the court below's punishment against the defendant in this case is judged to be appropriate, and it is not deemed unfair because it is too unreasonable.

2. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.

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