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(영문) 청주지방법원 2017.08.10 2017노416
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 (4 million won in penalty) is too unhued and unreasonable.

2. Circumstances unfavorable to the defendant are as follows.

There is a need to strictly punish the obstruction of the performance of official duties for the establishment of public authority and the protection of legal order.

The defendant did not agree with the victim E, who is the police officer, and the victim E is punished for the defendant.

Circumstances favorable to the defendant shall be as follows:

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

The defendant is the first offender.

The defendant agreed with C in the crime of destroying property, and C does not want to punish the defendant.

The degree of assault by the defendant is minor, and the result of the damage of property is minor.

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

In addition, considering the Defendant’s age, sex, career, environment, background and consequence of the crime, and all of the sentencing conditions indicated in the instant records and the previous theories, such as the circumstances after the crime, the lower court’s punishment cannot be deemed to be unfair because it is too uneasible.

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

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