beta
(영문) 서울북부지방법원 2015.11.19 2015노1062

공무집행방해등

Text

The prosecutor's appeal is dismissed.

Reasons

1. As to the insult of each of the facts charged in the instant case, the lower court sentenced the dismissal of prosecution, obstruction of duties, injury, and obstruction of the performance of official duties, respectively, and the prosecutor appealed only to the convicted portion among the charges charged in the instant case.

Therefore, since the dismissal part of the judgment of the court below is separated and confirmed as the parties did not appeal, the scope of this court's judgment is limited to the conviction part of the judgment below.

2. The summary of the grounds for appeal is unreasonable because the penalty (three million won of a fine) declared by the court below against the defendant is too unhued.

3. Although the Defendant’s crime of obstruction of performance of official duties is a crime that undermines the State’s function by nullifying a legitimate exercise of public authority, it is necessary to punish the Defendant significantly, and the degree of each assault committed by the Defendant to police officers who properly perform his official duties is not easy. However, the Defendant is considered to have committed each of the crimes in this case under the influence of alcohol, and the Defendant is a first offender with no force to commit the crime. The Defendant is considered to have committed each of the crimes in this case under the influence of alcohol. At the investigation stage, the Defendant already expressed his intention that the victims would not want the Defendant’s punishment. At the lower court, the Defendant already deposited KRW 1 million for the police officers who are subject to the obstruction of official duties in this case, and other circumstances, such as the Defendant’s age, character, character, environment, occupation, family relation, etc., the lower court’s sentence cannot be deemed to be too unfair, taking into account the circumstances before and after stopping each of the crimes in this case.

4. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since it is without merit.