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(영문) 청주지방법원 2014.08.07 2014노424
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

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

2. The crime of this case is deemed to obstruct the execution of legitimate official duties by assaulting two police officers in uniform, and the nature of the crime is not very good. However, the defendant recognizes all of the crime of this case, the degree of violence is not severe, and there is no record of criminal punishment except for the defendant who was sentenced to a fine of KRW 300,000 due to the violation of the Punishment of Violences, etc. Act around 1995. In full view of the defendant's age, character and behavior, environment, motive and circumstance of the crime, means and consequence of the crime, the method and consequence of the crime, etc., the court below's punishment is deemed to be appropriate, and it is deemed to be unreasonable since it is too unreasonable after the crime was committed. Thus, the prosecutor's allegation above 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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