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(영문) 청주지방법원 2015.12.03 2015노1117
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s penalty of KRW 4.5 million (a fine of KRW 4.5 million) is too unhued and unreasonable.

2. Circumstances unfavorable to the defendant are as follows.

The Defendant, while under the influence of alcohol, committed violence to police officers who perform duties by entering a district belt, thereby undermining the public authority with regard to the enforcement of law.

However, there are the following favorable circumstances for the defendant.

The Defendant made a confession of the instant crime, and is against the truth.

The accused has no previous convictions and criminal records of the same kind which exceed the fine.

The defendant is supporting his wife and mother.

The defendant deposited KRW 500,00 for the victim E in the first instance.

In addition, comprehensively taking account of the Defendant’s age, character and conduct, motive and background, means and consequence of the crime, circumstances after the crime, and criminal records, and all of the sentencing conditions indicated in the instant arguments and records, the lower court’s punishment is deemed unreasonable.

The prosecutor's assertion is without merit.

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

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