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(영문) 청주지방법원 2015.11.06 2015노539
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (five million won of a fine) declared by the court below is too unhued and unreasonable.

2. The Defendant committed the instant crime on the ground that the Defendant resisted the issue of refusing to take passengers while under the influence of alcohol, and assaulted the police officers who refrained from drinking, such as “to drive a taxi without drinking alcohol,” thereby holding the fluence, and raising a fluence, and it cannot be said that the illegality of the instant act is somewhat weak.

As in the instant case, with respect to violence against police officers who wear a uniform and perform their official duties in a legitimate manner, there is a need to punish police officers in a manner that establishes national public authority and immediately implements the lectures of society.

In addition, in full view of the fact that the defendant has a record of criminal punishment five times due to violent crimes up to now, it is necessary to strictly punish the defendant corresponding to the responsibility of the crime.

However, the Defendant committed the instant crime in a timely fashion and appeared to have a strong attitude in depth.

In addition, it is difficult to say that the degree of violence by the defendant has reached a serious level.

Furthermore, there is no record of criminal punishment due to the crime of obstruction of performance of official duties, and the defendant seems to have lived faithfully after being punished by a fine in around 2007.

In addition, considering the fact that the aforementioned unfavorable circumstances appear to have been sufficiently reflected in the judgment of the court below, and other circumstances that are conditions for the sentencing, such as the Defendant’s age, character and conduct, intelligence and environment, motive, means and consequence of the crime, and the circumstances after the crime, the court below’s sentencing is not deemed to be unfair because the sentencing of the court below is too uneasible.

Therefore, the prosecutor's ground of appeal cannot be accepted.

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