beta
(영문) 인천지방법원 2019.02.01 2018노2748

공무집행방해등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the judgment of the court below (the suspension of sentence of a fine of three million won) is too unhued and unreasonable.

2. The Defendant did not pay a taxi fee, and used the police officer called upon receiving a report. Although the nature of the crime is inferior, the Defendant committed the instant crime. However, considering the following as a whole, considering the fact that the Defendant was aware of and against the depth of the instant crime, there was no record of criminal punishment, that the taxi engineer did not want the punishment of the Defendant, that the degree of violence the Defendant exercised against the police officer is not severe, and that the degree of violence the Defendant exercised against the police officer is not severe, and the sentencing conditions indicated in the record, such as the Defendant’s age, character and behavior, environment, circumstances of the crime, and circumstances after the crime, the lower court’s punishment is deemed unreasonable.

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