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(영문) 청주지방법원 2018.01.25 2017노1214
공무집행방해등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (7 million won in penalty) is too unhued and unreasonable.

2. Circumstances unfavorable to the defendant are as follows.

There is a need to strictly punish the obstruction of the performance of official duties for the establishment of public authority and the protection of legal order.

The Defendant assaulted a victim police officer who was dispatched by his mistake while taking a bath.

The damaged police officers have been punished for the defendant.

Circumstances favorable to the defendant shall be as follows:

The Defendant confessions all of the crimes of this case, and is against the law.

The defendant seems to have caused any contingent crime of this case under the influence of alcohol.

Defendant has no record of punishment except for the punishment of a fine of KRW 300,000 due to a violation of the Road Act in 207.

Although the defendant temporarily duplicatedly assaulted the damaged police officer, there was no injury to the damaged police officer due to the assault by the defendant.

The defendant agreed with the victim C of property damage, and the victim C does not want to punish the defendant.

Defendant shall have family members to be supported.

In addition, considering the Defendant’s age, sex, career, environment, background and consequence of the crime, and all of the sentencing conditions indicated in the instant records and the previous theories, such as the circumstances after the crime, the lower court’s punishment cannot be deemed to be unfair because it is too uneasible.

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 on the grounds that the appeal is without merit. It is so decided as per Disposition.

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