beta
(영문) 서울북부지방법원 2015.12.10 2015노1188

공무집행방해

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable because the sentence imposed by the court below on the defendant (two years of suspended sentence for eight months of imprisonment, probation order and community service order of 240 hours of imprisonment) is too uneasible.

2. Although the defendant was sentenced one time to a fine for the same kind of crime as the crime of this case, there were several occasions of punishment by fines, suspension of the execution of imprisonment, and imprisonment with prison labor. The defendant committed the crime of this case, while the defendant was faced with disturbance by blocking vehicles on the roads of about 200 meters on the four-lane road during one night, he was informed of the police officer's body while being dispatched after 112 report, and was tightly pushed the police officer's body while taking the bath, and was harming the police officer's legitimate performance of duty. The defendant committed the crime of this case, such as assaulting the police officer's face on his hand, and thus hindering the police officer's legitimate performance of duty. The defendant's family relation was seriously punished by nullifying legitimate exercise of public authority. However, the defendant erred by misapprehending his age, preventing the defendant from committing the crime of this case from taking advantage of his body's age and character before and after the death of the defendant, etc. of this case. The court below committed the crime of this case.

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