beta
(영문) 부산지방법원 2015.11.05 2015노2651

공무집행방해

Text

The prosecutor's appeal is dismissed.

Reasons

1. In light of the main sentence conditions of the grounds for appeal, the lower court’s punishment (three million won of a fine) is too unhued and unreasonable.

2. The instant crime of this case, based on the grounds for appeal, prevents the execution of official duties by means of assaulting the face of a police officer in the course of performing official duties, after receiving a report from the Defendant, that the Defendant would be subject to disturbance in a restaurant. It is necessary to strictly see and infringe upon legitimate public authority.

However, in full view of the fact that the Defendant had no record of criminal punishment, the recognition and depth of the instant crime, the Defendant committed the instant crime in a contingent manner under the influence of alcohol, and the degree of damage was not severe, the Defendant’s act of causing interference with the performance of official duties at the time of the instant crime, and as a result, the above police officers use the Defendant and take the Defendant’s seat, and other various circumstances, which are the conditions for sentencing specified in the instant records and pleadings, such as the Defendant’s age, character and conduct, background of the instant crime, and circumstances after the instant crime, etc., it cannot be deemed that the sentence imposed by the lower court is too weak.

Therefore, prosecutor's assertion is without merit.

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