beta
(영문) 수원지방법원 2017.11.08 2017노6280

공무집행방해

Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (3 million won in penalty) is too unhued and unreasonable.

2. In light of the motive of the instant crime and the attitude of the act, the fact that the nature of the instant crime is not less than that of the Defendant is disadvantageous to the Defendant.

On the other hand, considering the circumstances favorable to the defendant, such as the fact that the defendant is against the crime, there is no history of punishment against the defendant, and that the damaged police officer wants to leave the defendant's preference, as well as the sentencing conditions indicated in the records, such as the age, occupation, sex, environment, and circumstances after the crime, it is difficult to view that the sentence of the court below is too uneasible and unfair.

Therefore, the prosecutor's above assertion 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 grounds that the appeal is without merit. It is so decided as per Disposition.