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(영문) 청주지방법원 2015.11.12 2015노841
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 (limited to eight months of imprisonment, two years of suspended sentence, two years of probation, one hundred and sixty hours of probation, and one hundred and sixty hours of social service) is too un

2. Circumstances unfavorable to the defendant are as follows.

The Defendant, when brushing the eye of C, who wear a brupt, could get scarsh to the face, and the degree of the assault cannot be said to be minor, such as cutting the KON, spacing, and cutting the brupt.

The Defendant, who entered work uniforms, interfered with police officers' official duties in law enforcement, thereby damaging public authority.

The Defendant was sentenced to a fine of KRW 3 million for the same kind of crime in 2009, and in addition, the Defendant had been punished for a number of violent crimes, but again committed the instant crime.

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

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

Defendant appears to have committed the instant crime by contingency.

On the other hand, the police officers did not have any injury due to the criminal act of the defendant.

After 2003, the defendant has no previous convictions exceeding a fine.

In addition, comprehensively taking account of the Defendant’s age, character and conduct, motive and background, means and consequence of the commission of the crime, circumstances after the commission of the crime, and all of the sentencing conditions indicated in the instant arguments and records, such as criminal records, the lower court’s punishment is deemed unreasonable.

The prosecutor's assertion is without merit.

3. In conclusion, the prosecutor's appeal 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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