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(영문) 청주지방법원 2015.05.01 2014노1312
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (a prison term of two years under the suspended execution of ten months and one hundred and twenty hours under the community service work) declared by the court below is deemed to be too uneasible and unfair.

2. The crime of this case in which the defendant was punished by a marital fighting and was dispatched by a police officer after receiving a report on his or her fighting match, is supported by the police officer's fighting and walking with his or her fighting, and it cannot be said that the illegality of the act is low.

In addition, considering the fact that the defendant has been punished for the same crime, it is necessary to punish the defendant with severe punishment corresponding to the responsibility of the crime.

However, the defendant recognized the crime of this case and divided it into depth.

In addition, the defendant found the above police officers several times, and the above police officers did not punish the defendant.

In addition, in full view of the fact that it is difficult to see that the Defendant’s use of violence against the above police officer is very serious, and that the Defendant’s age, character and conduct, intelligence and environment, motive, means and consequence of the crime, etc., which are the conditions for the sentencing, the lower court’s sentencing is too unjustifiable and unreasonable.

Therefore, the prosecutor's ground of appeal cannot be accepted.

3. The prosecutor's appeal of conclusion 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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