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(영문) 청주지방법원 2016.01.15 2015노846
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence (3.5 million won in penalty) declared by the court below on the gist of the grounds of appeal is deemed to be too unhutiled and unfair.

2. The crime of this case is deemed to be a bit of a bit of a bit of a police station of the Republic of Korea, which the Defendant was demanded to return home from the police officers called out after having reported the disturbance at a singing room while under the influence of alcohol;

The booming the bones as "hing off", and breathing the chest part of the police officer E by hand, with the face of the police officer D, and assaulting the police officer D, etc., it is not easy to punish the illegal act.

As in the instant case, with respect to violence against police officers who wear a uniform and perform their official duties in a legitimate manner, there is a need to punish police officers in a manner that establishes national public authority and immediately implements the lectures of society.

In addition, in full view of the fact that the defendant has been subject to criminal punishment twice due to the crime of violence or the crime of obstructing the performance of official duties, it is necessary to strictly punish the defendant corresponding to his/her liability.

However, the Defendant committed the instant crime in a timely fashion and appeared to have a strong attitude in depth.

In addition, it is difficult to say that the extent of violence by the defendant has reached a serious level.

In addition, the above unfavorable circumstances have already been fully reflected in the judgment of the court below.

In full view of other circumstances that are conditions for sentencing, such as the Defendant’s age, sex, intelligence and environment, motive, means and consequence of a crime, etc., the lower court’s sentencing is too uncomfortable and unreasonable.

Therefore, the prosecutor's ground of appeal cannot be accepted.

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 prosecutor's appeal is without merit. It is so decided as per Disposition.

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