beta
(영문) 수원지방법원 2015.09.25 2015노2466

공무집행방해

Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the lower court’s punishment (4 million won of a fine) is too unhued and unreasonable.

2. The offense of obstruction of the performance of official duties is an unfavorable circumstance because the offense of obstruction of the performance of official duties is a serious violation of legitimate public authority.

However, considering various sentencing conditions, such as the defendant's age, character and conduct, environment, criminal records, motive, means and consequence of the crime, degree of damage, circumstances after the crime, etc., the punishment imposed by the court below is too uneasible and unreasonable.

3. In conclusion, the prosecutor's appeal is dismissed under Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.