beta
(영문) 대구지방법원 2014.04.03 2013노2381

공무집행방해

Text

The prosecutor's appeal is dismissed.

Reasons

1. In light of the fact that the defendant's nature of the grounds for appeal is not good, the punishment imposed by the court below against the defendant (a fine of three million won) is too uneasible and unfair.

2. The crime of this case was committed by assaulting the victim, who is a police officer lawfully in the course of performing official duties, and the nature of the crime is not good. The defendant has been punished more than 30 times in relation to obstruction of duties and violent acts. In particular, the defendant committed the crime of this case without being aware of the fact that he committed the crime of this case, even though he was sentenced to imprisonment for 8 months due to the same crime of this case on November 13, 2012 and was released from the prison term for the same crime of this case on November 13, 2012.

However, from the investigation stage, the Defendant recognized the instant crime from the investigation stage, and divided the errors, and the Defendant committed the instant crime in a relatively unbrupted state at the time of the instant crime, and even though the nature of the instant crime is heavy, it appears that the degree of damage to the victim caused by assault is relatively minor.

In this context, considering the various circumstances shown in the records and arguments, such as the defendant's age, character and conduct, family environment, health condition, etc., since the sentence imposed by the court below against the defendant cannot be deemed unfair, the prosecutor's above assertion is without merit.

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