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(영문) 청주지방법원 2015.06.25 2015노405
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

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

2. Circumstances unfavorable to the defendant are as follows.

The Defendant assaulted police officers in uniform, thereby causing harm to the public authority to enforce the law.

It seems that the police officer suffered from mental and physical pain, such as debrising a bath, flapsing a police officer's breath, and lurging the police officer's rank.

From 2011 to 2013, the Defendant was punished by three times as a crime relating to violence and again committed the instant crime.

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

The Defendant recognized all of the instant crimes and is in profoundly against the Defendant.

Defendant appears to have committed the instant crime by contingency.

Around September 2010, the Defendant seems to have suffered some difficulties in controlling impulses and emotions of violence after he was faced with her head, such as acute he/she was faced with sexual intercourse and he/she was faced with his/her hair.

Not only the defendant, but also the family members of the defendant who seem to form a close relationship with the defendant have been trying to make efforts to treat the defendant properly and prevent recidivism.

Prior to the instant case, the Defendant had been faithfully living in the workplace as an employee, and seems to have formed a sound social ties.

In addition, considering the Defendant’s age, character and conduct, motive and background of the offense, means and consequence, circumstances after the offense, criminal records, and all of the sentencing conditions indicated in the instant arguments and records, the sentence of the lower court is too unreasonable.

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. It is so decided as per Disposition.

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