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(영문) 청주지방법원 2015.04.16 2014노1280
공무집행방해등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (two months of imprisonment, two years of suspended execution, and eight hours of community service order) is too uneased and unreasonable.

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

The defendant made verbal abuse against police officers in uniform, disregarding public authority.

All victims are punished by the defendant.

The conditions favorable to the defendant shall be as follows:

The degree of damage is minor.

Defendant has no record of punishment for the same kind of crime.

The defendant committed the crime of this case by contingently, and has committed his mistake.

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 of the sentencing conditions shown in the records and arguments of this case, the defendant's family relation and social relationship cannot be deemed to be simple and isolated from society, and the sentence of the court below is too unreasonable.

The prosecutor's assertion is not accepted (as to the obstruction of performance of official duties among the facts charged in this case, it is not appropriate to determine the part of the judgment in the summary of the evidence in the judgment of the court below, which the defendant presented the police interrogation protocol to the defendant who has no admissibility of evidence by denying its content in the court, as it is the evidence of guilt. However, according to the remaining evidence duly adopted and examined by the court below, the court below's conclusion that found the defendant guilty of this part of the facts charged is justifiable. The court below's error cannot be seen as affecting the conclusion of the judgment. Thus, the court below's decision cannot be seen as having affected the conclusion of the judgment. Thus, the prosecutor's appeal is without merit, and it is dismissed under Article 364 (4) of the

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