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(영문) 청주지방법원 2019.07.25 2018노1181
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds of appeal is that the Defendant visited the C District District of the Cheongju-gu Police Station while drunking the Defendant to return home, without any justifiable reason, and the nature of the crime is not good. The crime of obstruction of performance of official duties is a crime that undermines the function of the State through the legitimate exercise of public authority, and there is a need to punish the Defendant, and the Defendant has the power to be punished for the same kind of crime in the past. In light of the unfavorable circumstances such as the fact that the Defendant was punished for the same offense as this case in the past, the sentence of the lower court (three million won of a fine) is too unreasonable.

2. In light of the above circumstances in the prosecutor’s assertion, the lower court appears to have determined the sentence by taking into account the following factors. The Defendant committed the instant crime, which was committed by the Defendant, in depth, and the degree of assault is relatively minor, as well as the Defendant’s age, character and conduct, environment, circumstances of the crime, and circumstances after the crime, etc., the lower court’s punishment is determined reasonable by taking into account the following factors: (a) the lower court’s punishment is determined within the scope of discretion; and (b) there are no circumstances to deem that the conditions for sentencing were changed in the trial.

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

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