beta
(영문) 부산지방법원 2017.01.19 2016노3603

공무집행방해등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (3 million won in penalty) is too unhued and unreasonable.

2. The crime of this case is an unfavorable circumstance to the Defendant, where the Defendant was at a time due to the drinking value problem and the Defendant destroyed the property owned by the victim, and the nature of the crime is not good, and the Defendant’s act of obstructing the performance of official duties is required to establish the national legal order and eradicate the light of public power.

However, taking into account the following factors: (a) the Defendant led to the confession of the instant crime while committing the crime; (b) the damage caused by the destruction is minor and agreed with the victim at the investigation stage; (c) the primary offender who has no record of criminal punishment; and (d) the Defendant’s age, sex, environment, circumstances leading to the instant crime; and (c) the method and method of the commission of the crime; and (d) the circumstances after the commission of the crime, etc., the sentence imposed by the lower court is too un

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.