beta
(영문) 수원지방법원 2018.08.13 2018노2889

공무집행방해

Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (amounting to 6.5 million won) is too unhued and unreasonable.

2. Although the degree of the Defendant’s assault used by the Defendant is not somewhat weak, the lower court’s punishment is deemed reasonable, and it does not seem unfair because it is too unreasonable in consideration of all the sentencing conditions specified in the argument of the instant case, such as the fact that the Defendant, as a university student at the age of 19, appears to have committed the instant crime in a contingent manner, that it is difficult to view that the degree of the obstructed performance of official duties is serious, and that the Defendant is the first offender and is showing an attitude to seriously reflect his fault.

3. Accordingly, 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. It is so decided as per Disposition.