logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 청주지방법원 2014.12.05 2014노837
공무집행방해등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The fact that the Defendant’s judgment on the grounds for appeal (e.g., the ground for appeal) was not against the police officer’s degree of assault used by the Defendant against the police officer, and that there is no circumstance to deem that the police officer, who was insulting or assaulted by the Defendant, was the Defendant and the Defendant was the Defendant’s wife, is disadvantageous to the Defendant.

However, in light of various sentencing conditions indicated in the records, such as the Defendant’s age, character and conduct, family relationship, means and consequence of the crime, etc., the lower court’s punishment (fine 4 million won) is too unjustifiable, and thus cannot be deemed unreasonable, considering the following: (a) there is no history of punishment for the same crime; (b) there is no criminal record exceeding fine; (c) there is a wife in a de facto marital relationship with a person in a de facto marital relationship under the influence of alcohol; and (d) there is a family member to support the Defendant.

2. In conclusion, the prosecutor's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

However, in the application of the law of the lower judgment, the phrase “1. In the case of detention in the workhouse” under Articles 70 and 69(2) of the Criminal Act is apparent that the phrase “Article 70 and 69(2) of the former Criminal Act” is a clerical error under Articles 70 and 69(2) of the former Criminal Act, and thus, it is apparent that it is a clerical error under Article 25(1) of the Rules on Criminal Procedure. Thus, the ex officio correction

.

arrow