beta
(영문) 수원지방법원 2014.12.04 2014노3979

공무집행방해

Text

The judgment below

Of them, the part against Defendant A shall be reversed.

Defendant

A shall be punished by a fine of KRW 5,000,000.

Defendant .

Reasons

1. Summary of grounds for appeal;

A. In light of the overall sentencing conditions of Defendant A, the lower court’s punishment against Defendant A (two months of imprisonment, two years of suspended execution, and two hundred hours of community service order) is too unreasonable.

B. In light of all of the sentencing conditions of the instant case, the Prosecutor (Defendant B), the lower court’s punishment against Defendant B is too uneased and unreasonable.

2. It is disadvantageous to Defendant A’s judgment on the grounds of appeal that Defendant A’s face of police officer, such as taking the face of the police officer by drinking, etc., was not good, and that Defendant A was punished for multiple violent crimes including one sentence, and that Defendant A had a record of punishment for multiple violent crimes.

However, considering the facts that Defendant A repented his criminal act, the degree of obstruction of the performance of official duties is not significant, that Defendant A committed the crime of this case by contingency while drinking alcohol, that Defendant A deposited 2 million won for the police officer who was damaged in the trial, that there was no record of punishment as the crime of obstruction of the performance of official duties, that there was a foreigner's wife and a child to be supported, that there was a good example of contributing a certain amount every month to a social welfare foundation, and other various matters stipulated in Article 51 of the Criminal Act, which are the conditions for sentencing, such as the age, character and behavior, environment, etc. of Defendant A as indicated in the records and arguments of this case, the sentence of the lower court against Defendant A is somewhat inappropriate.

3. As to the prosecutor's grounds for appeal of this case, the nature of the crime of this case or the circumstances after the crime of this case are inferior, the fact that the defendant B was subject to a disposition of suspension of indictment for violent crime of 2009 is disadvantageous to the defendant B, but the defendant B is divided into his own crime, the degree of obstruction of performance of official duties is not significant, the defendant B has no record of being sentenced to imprisonment without prison labor or heavier punishment, the relatives of the defendant B want to take the preference against the defendant B, and other cases.

참조조문