beta
(영문) 서울중앙지방법원 2017.05.25 2016노4853

공무집행방해

Text

The prosecutor's appeal is dismissed.

Reasons

The summary of the grounds for appeal (unfair sentencing) sentenced by the court below is too uneasy and unfair.

Judgment

The nature of the crime is not weak in that the defendant took a bath and assaults against police officers who perform official duties.

However, in full view of all the sentencing conditions, including the defendant's age, sex, environment, and circumstances after the crime, the sentence of the court below is too uneasy and unfair, in light of the fact that the defendant recognized the defendant's mistake and reflects the fact that the defendant was punished three times of a fine, but there was no record of being punished as a crime of obstructing the performance of official duties, and that there was no other reason.

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