beta
(영문) 울산지방법원 2017.01.06 2016노1848

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 KRW 4,00,000) is too unhued and unreasonable.

2. The crime of this case was committed by a police officer who was called out after receiving a report that the defendant assaults a female, and took a bath against the other police officer, and obstructed the performance of official duties by taking advantage of the police officer's joint arms and booming the chests, and assaulting the other police officer, etc. In light of the circumstances of the crime and the method of the crime, the responsibility for the crime is not easy in light of the circumstances of the crime, the establishment of national legal order and the elimination of the public peace by the public authority, and there is a need to strictly punish the act obstructing the performance of official duties, such as this case, and the fact that the defendant had been punished two times prior to the crime of violence, which is disadvantageous to the defendant.

However, in full view of the following factors: (a) the Defendant led to the instant crime under the influence of alcohol, the Defendant appears to have committed the instant crime; (b) the degree of force of the Defendant’s use was not severe; (c) the Defendant’s use of force was punished for 20 years prior to the lapse of 20 years; and (d) the Defendant’s age, sexual behavior, family environment, motive and circumstance of the commission of the crime, means and consequence of the crime; and (e) various sentencing conditions as shown in the instant pleadings, such as the circumstances before and after the commission of the crime, etc., it is not recognized that the sentence imposed by

3. In conclusion, 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.