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(영문) 청주지방법원 2015.09.24 2015노645
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 (a fine of three million won) is too unreasonable.

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

2. The circumstances favorable to the defendant are as follows.

The defendant is in profoundly against his wrongness.

The violence of the defendant was done only once, and the degree is not much serious.

The Defendant had no record of being punished for the same crime before committing the instant crime.

The circumstances unfavorable to the defendant are as follows:

The Defendant assaulted the police officer in uniform, thereby damaging the public authority.

Before committing the instant crime, the Defendant has been punished by a fine several times for violence-related crimes.

In full view of the various circumstances surrounding the above defendant's age, character and conduct, environment, family relationship, motive and circumstance of the crime, and all the sentencing conditions shown in the records and arguments of this case, it cannot be deemed that the court below's punishment is too heavy or unreasonable.

The defendant and the prosecutor's arguments are not accepted.

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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