beta
(영문) 수원지방법원 2016.08.26 2016노3053

공무집행방해등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (4 million won in penalty) is too unhued and unreasonable.

2. Interference with the performance of official duties is an unfavorable circumstance, such as the fact that a crime has to be severely punished as a crime that undermines the function of the State by nullifying a legitimate exercise of public authority, and that the Defendant insultings police officers.

However, considering the Defendant’s age, sexual conduct, environment, motive, means and consequence of the crime, degree of damage, and circumstances after the crime, the punishment imposed by the lower court is too uneasy and unreasonable.

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