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(영문) 청주지방법원 2015.07.02 2015노400
공무집행방해
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment of the lower court (the fine of 4 million won) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. Circumstances favorable to the defendant are as follows.

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

The defendant has no criminal record of the same kind.

A police officer, who is a victim, has agreed to have only a police officer, and the police officer is seeking the defendant's seat.

The defendant seems to have caused any contingent crime of this case under the influence of alcohol.

The extent of violence against a defendant may not be severe.

The defendant is responsible for supporting the aged.

Circumstances unfavorable to the defendant are as follows:

The defendant assaulted police officers, thereby causing pain to police officers, and at the same time inflicted harm to the public authority related to the enforcement of the law.

In addition, comprehensively taking account of the Defendant’s age, character and conduct, motive and background, means and consequence of the crime, circumstances after the crime, and criminal records, and all of the sentencing conditions indicated in the instant arguments and records, it cannot be deemed that the lower court’s punishment is too heavy or unreasonable.

The defendant and prosecutor's assertion are without merit.

3. In conclusion, the appeal filed by the defendant and the prosecutor is groundless, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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