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(영문) 청주지방법원 2015.08.27 2015노577
공무집행방해
Text

All of the appeals by prosecutors are dismissed.

Reasons

1. The main points of the grounds for appeal are as follows: (a) each sentence of the lower court (a fine of KRW 4 million) against the Defendants is deemed to be too unhued and unreasonable.

2. The Defendants are subject to the following unfavorable circumstances.

Defendant

B had the record of being sentenced to a fine of KRW 1.5 million due to the crime of injury and damage to property in 2012; Defendant A had the record of being sentenced to a fine of KRW 2,000 in 205 and 2007 as the crime of violation of the Road Traffic Act (driving) in 207, but the Defendants had the record of being sentenced to a fine of KRW 1.5 million under the influence of alcohol.

Defendants used violence to police officers who perform their duties by suffering from work uniforms, thereby causing harm to the public authority on the enforcement of the law, and harming the morale of police officers.

However, the Defendants have the following favorable circumstances.

There is no previous conviction except the fine mentioned above against the Defendants.

The Defendants are against the truth of their mistakes and seek the victims to commit the crime.

Defendants seem to have committed the instant crime in a dynamic manner.

Defendant

A supports a pregnant wife.

In addition, comprehensively taking account of the Defendant’s age, character and conduct, motive and background, means and consequence of the commission of the crime, circumstances after the commission of the crime, criminal records, and all of the sentencing conditions indicated in the instant arguments and records, the lower court’s punishment against the Defendants is too uneasible and unreasonable.

All prosecutor's arguments are not accepted.

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

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