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(영문) 청주지방법원 2015.06.25 2015노386
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the lower court’s punishment (three million won of a fine) is too unhued and unreasonable.

2. Circumstances unfavorable to the defendant are as follows.

The Defendant assaulted police officers in uniform, thereby causing harm to the public authority to enforce the law.

However, there are the following favorable circumstances for the defendant.

The Defendant recognized all of the instant crimes and is in profoundly against the Defendant.

The degree of the assault of this case is minor.

The defendant seems to have made a sudden reaction to the discipline of police officers with the knowledge of the father's judgement at the time.

Defendant has no record of punishment except for the punishment of a fine imposed on one occasion for a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents.

The defendant seems to have served in good faith as an employee.

In addition, considering the Defendant’s age, character and conduct, motive and background of the offense, means and consequence, circumstances after the offense, crime records, and all of the sentencing conditions indicated in the instant arguments and records, it cannot be deemed unfair because the lower court’s punishment is too uneasible.

The prosecutor's assertion is without merit.

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

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