beta
(영문) 수원지방법원 2016.07.01 2016노1000

공무집행방해

Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s punishment (7 million won) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. The circumstances favorable to the defendant are that the injured party expressed his intention not to punish the defendant in the original trial, and that the defendant recognized the crime of this case and reflected the mistake.

Meanwhile, despite the fact that the defendant had been punished several times for the same crime, he/she committed the crime of this case during the period of repeated crime due to the same crime, and the obstruction of the execution of official duties should be punished as a crime that impairs the function of the State by nullifying the legitimate exercise of public authority.

In full view of the following circumstances: (a) the Defendant’s age, sexual conduct, motive for and frequency of the instant crime; and (b) the circumstances after the instant crime were committed; and (c) the lower court’s punishment is too heavy or unreasonable, and thus, cannot be deemed unfair.

3. As such, the appeal by the defendant and the prosecutor is without merit, and all of them are dismissed under Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.