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(영문) 청주지방법원 2018.06.11 2018노123
공무집행방해등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (the imprisonment of eight months and the suspension of execution of two years) is deemed to be too unhued and unfair.

2. The lower court, on the grounds indicated in its reasoning, determined the above punishment against the Defendant. The circumstances that the prosecutor asserts for the unfavorable sentencing for reasons of the offense, such as the nature of the offense, such as: (a) the Defendant, by hand and her head, was faced with police officers I’s bones in the process of performing official duties; (b) threatening the police officers I, even after the Defendant was arrested as a flagrant offender; (c) the circumstances after the offense are inferior; and (d) the Defendant was not taken into account from the victimized police officers; and (b) the circumstance that the prosecutor argued for the unfavorable sentencing for the reason of the offense was already sentenced to punishment at the lower court; and (c) there was no history of punishment exceeding the fine; and (d) the Defendant deposited KRW 5,500,00 for the police officers; and (e) the health situation was not improved due to the disease suffering from Pakistan’s disease; and (e) the judgment of the lower court exceeded the reasonable scope of discretion by being too unfilled.

shall not be appointed by a person.

Therefore, prosecutor's assertion is not accepted.

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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