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(영문) 청주지방법원 2018.10.12 2018노445
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. In light of the summary of the grounds for appeal (unfair sentencing) and the need for strict punishment for a crime interfering with the performance of official duties, etc., the sentence (7 million won) imposed by the lower court is too uneased and unreasonable.

2. The crime of this case is a situation unfavorable to the Defendant, where the Defendant, by exercising a direct force on the body of police officers, obstructed the legitimate performance of official duties by exercising a force on the earth’s body, and the nature of the crime is not good, and the Defendant has been punished for the same crime.

However, in full view of all other circumstances that form the conditions for the sentencing of the instant case as indicated in the record, such as the Defendant’s age, sex, environment, motive and circumstance leading to the instant crime, and circumstances after the instant crime, the lower court’s punishment is adequate and too unreasonable and unreasonable, and thus, 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 prosecutor's appeal is without merit. It is so decided as per Disposition.

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