beta
(영문) 의정부지방법원 2019.09.26 2019노1645

공무집행방해등

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the lower court (six months of imprisonment) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

2. We examine the reasoning of the judgment and the prosecutor together.

The circumstances are favorable to the defendant, such as the fact that the defendant led to the confession of the crime of this case, the fact that the defendant deposited 4 million won for the police officer who suffered the injury, the fact that there is no criminal record exceeding the obstruction of the performance of official duties or the fine, the spouse suffers from the incurable disease and is the most likely to support the family with two children.

On the other hand, the crime of this case is a situation unfavorable to the defendant, such as: (a) the defendant intentionally commits violence against four police officers in the course of performing official duties; (b) the defendant intentionally inflicted an injury requiring four-way medical treatment on one of them; (c) the act is very serious; (d) the nature of the crime is not good; (e) the victim police officers have not reached an agreement with the victim police officers; (c) the victim police officers have been punished against the defendant until now; and (d) the victim police officers have been suffering from physical and mental pain

In full view of the aforementioned circumstances, comprehensively taking account of the Defendant’s age, character and conduct, environment, motive or background of the crime, means and consequence, and circumstances after the crime, the lower court’s sentencing is too heavy or unreasonable.

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit. Thus, all of the appeals are dismissed under Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

(However, in accordance with Article 25 of the Rules on Criminal Procedure, the judgment of the court below is ex officio, and the judgment of the court below is corrected as adding "1. Selection of punishment and imprisonment selection" to the lower court's "application of statutes" at the bottom.