beta
(영문) 서울남부지방법원 2016.12.08 2016노602

공무집행방해

Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds of appeal is that the crime of this case is committed by the defendant who wears his uniform and commits violence against a police officer in the course of performing official duties, and the quality of the crime is inferior, the necessity of strict punishment against a person who committed obstruction of performance of official duties is required to establish a legal order, and the defendant has the past record of having been punished for the crime of violence, and among them, he has the past record of punishment for the crime of violence, it is unfair that the punishment of the court below (hereinafter referred to as a fine of four

2. Examining the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, circumstances after the crime, etc. and the reasons for sentencing of the lower judgment in light of various circumstances asserted by the Prosecutor as the grounds for appeal, the lower court’s punishment is too unjustifiable and unreasonable, even in light of the various circumstances asserted by the Prosecutor as the grounds for appeal.

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