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(영문) 청주지방법원 2015.11.19 2015노973
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

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

2. Circumstances unfavorable to the defendant are as follows.

The Defendant suffered work uniforms and inflicted damage on the public authority in relation to the enforcement of the law due to the performance of trial expenses to police officers in the process of performing their duties.

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 Defendant deposited KRW 300,00 in the lower court for police officer F.

The Defendant appears to have committed the instant crime with impulse.

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

In addition, comprehensively taking account of the Defendant’s age, character and conduct, motive and background, means and consequence of the commission of the crime, circumstances after the commission of the crime, and all of the sentencing conditions indicated in the instant arguments and records, such as criminal 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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