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(영문) 청주지방법원 2016.12.08 2016노772
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

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

2. Circumstances unfavorable to the defendant are as follows.

Defendants assaulted police officers who perform their duties by suffering from work uniforms, thereby damaging the public authority on the enforcement of the law.

Circumstances favorable to the defendant shall be as follows:

The Defendant recognized all of the crimes of this case and reflected in the instant case.

There is no criminal offense exceeding a fine, and there is no history of criminal punishment for the last ten years.

It does not seem that the extent of the defendant's exercise of force is serious.

The defendant seems to have caused the crime of this case by drinking and contingently.

The defendant has a mother and wife who is in need of support.

In addition, considering the Defendant’s age, character and conduct, career, environment, background and consequence of the crime, and all of the sentencing conditions specified in the instant records and pleadings, such as the circumstances after the crime, it cannot be deemed that the lower court’s punishment is too uneasible and unreasonable.

The prosecutor's assertion is without merit.

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

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