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(영문) 청주지방법원 2017.07.20 2017노374
공무집행방해등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The lower court, among the facts charged in the instant case, dismissed the prosecution against the Defendant on defamation, and sentenced the Defendant to the charge of obstructing the performance of official duties, causing bodily injury, and violating the Punishment of Minor Offenses Act.

Since a prosecutor appealed the entire judgment of the court below, but withdraws an appeal on the dismissal part of the indictment at the first trial date, this part of the judgment below was determined separately and thus excluded from the scope of the judgment of the court.

2. The main point of the grounds for appeal is that the sentence of the lower court (the imprisonment of eight months, the suspension of the execution of two years, the fine of one hundred thousand won, the observation of protection, 40 hours in alcohol treatment lectures, and 40 hours in violent treatment lectures) is too unfeasible and unfair.

3. 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 victims of interference with the execution of official duties want to be punished against the defendant.

Circumstances favorable to the defendant shall be as follows:

The Defendant made a confession to all the crimes of this case, and seriously reflects them.

The defendant seems to have committed each of the crimes in this case under the influence of alcohol.

The victim of the crime of injury caused the injury by the act of the defendant, which caused the damage to the pain and sacrife due to the act of the defendant, but the degree of the injury seems not to cause a great obstacle to the daily life.

A victim of an injury has agreed with the defendant and does not want to punish the victim.

There is no past record of punishment exceeding a fine.

In addition to the above circumstances, 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 arguments after the crime was committed, the lower court’s punishment cannot be deemed to be unfair because it is too uneasible.

The prosecutor's assertion is without merit.

4. In conclusion, the Prosecutor’s appeal is justified.

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