beta
(영문) 서울서부지방법원 2019.08.22 2019노282

공용물건손상등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The lower court’s penalty of KRW 4 million (a fine of KRW 4 million) against the Defendant in light of the gist of the grounds for appeal is deemed unreasonable.

2. The instant crime committed by the Defendant, under the influence of alcohol at a club, insulting the police officer, who was called out after receiving a report by the Defendant to avoid disturbance, and thereby obstructing the performance of his duties by assaulting the police officer, such as singinginging the police officer by drinking, cutting off the police officer, etc., obstructing the performance of his duties, and doing a 40-minute bath at the police box, etc., and by doing very rough words and actions, and destroying the protection glass for the driver’s seat during the patrol, and the nature of the crime is not good.

Meanwhile, in full view of the following facts: (a) the Defendant has no criminal history; (b) the Defendant committed the instant crime; (c) the Defendant was aware of all the instant crime and would not be committed again; (d) the Defendant paid repair expenses to the patrol vehicle destroyed by the Defendant; and (e) the Defendant committed the crime against the victimized police officer; and (e) the Defendant’s age, career, and details of all the sentencing conditions indicated in the instant argument, such as the Defendant’s age, career, and criminal background, the Defendant’s sentence against

Therefore, the prosecutor's assertion of unfair sentencing is without merit.

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