beta
(영문) 서울중앙지방법원 2015.08.27 2015노1964

공무집행방해

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal that the court below rendered on the defendant is too unhued and unreasonable.

2. While under the influence of alcohol, the Defendant assaulted the chest part while taking a bath to a police official who was under guard duty while taking a bath.

As in this case, the prosecutor's assertion that the act of causing violence to police officers in uniform constitutes not only violation of the public authority, but also the act of promoting the light of public authority, which requires strict punishment.

However, the defendant seems to have committed the crime of this case in a drunken state.

The degree of violence against police officers and the degree of damage caused thereby are not so significant.

The Defendant, who had no record of criminal punishment, has recognized and reflected the instant crime.

In addition, considering the Defendant’s age, character and conduct, background leading to the instant crime, circumstances after the instant crime was committed, and all of the factors of sentencing indicated in the records and pleadings, it is not determined that the sentence imposed by the lower court is too unjustifiable compared to the Defendant’s criminal liability.

3. In conclusion, the prosecutor's appeal is dismissed as it is without merit.