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(영문) 청주지방법원 2017.10.26 2017노787
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (one 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.

Circumstances favorable to the defendant shall be as follows:

The Defendant recognized the instant crime and runs against the Defendant.

The defendant is an initial offender who has no record of punishment.

The defendant seems to have committed the crime of this case in a drunken state.

The degree of the assault of this case is minor.

The defendant agreed with one of the damaged police officers when he was in the trial of the party.

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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