beta
(영문) 수원지방법원 2017.07.21 2017노705

공무집행방해등

Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the lower court (4 million won) is too unreasonable.

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

2. Obstructing the performance of official duties requires strict punishment for the establishment of public authority and the protection of legal order, and the fact that the instant crime was committed by a police officer upon receiving a report from 112 that the Defendant was under the influence of alcohol and that the nature of the offense was not somewhat weak is unfavorable.

However, the fact that the defendant's mistake is recognized and reflected, the degree of violence is relatively not much severe, and the fact that the defendant is the primary offender is favorable.

In full view of the above circumstances and all of the sentencing conditions as shown in the pleadings, such as the Defendant’s age, sexual conduct, environment, motive, means and consequence of the crime, etc., the sentence imposed by the lower court cannot be deemed to be too minor or unreasonable.

Therefore, the defendant and the prosecutor's argument are without merit.

3. As such, the appeal by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act.