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(영문) 청주지방법원 2017.03.31 2016노1019
업무방해등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (two million won in penalty) is unfair because it is too unhued.

2. The lower court determined the Defendant’s punishment by taking account of the following circumstances confirmed through the entire records and the purport of the pleading.

The favorable circumstances: ① The degree of the Defendant’s power used in the instant crime is not significant; ② the Defendant agreed with the victim of the crime interfering with the performance of official duties; ③ the Defendant deposited a certain amount of money with the police officer as a person who has committed the crime; ④ the circumstances that may be considered in the process of the crime interfering with the performance of official duties are disadvantageous: (i) the Defendant committed the instant crime even though there was the past record of punishment for the crime interfering with the performance of official duties; (ii) the Defendant committed the instant crime; and (iii) even if the lower court determined that all circumstances, including the materials added to the above circumstances, were collected to the lower court’s proper judgment, that the determination of the lower court exceeded the reasonable bounds of discretion, even if it was determined that the lower court exceeded all the reasonable limits of discretion.

It does not seem unfair to maintain the judgment of the court below as it is.

Therefore, prosecutor's sentencing and warning cannot be accepted.

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

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