beta
(영문) 전주지방법원 2014.09.19 2014노741

공무집행방해

Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence of the court below (two years of suspended execution and probation) against the defendant in the summary of the grounds for appeal is too unfased and unreasonable.

2. The crime of this case is an assault against a police officer dispatched after receiving a report on the wearing a uniform by the defendant, and the nature of the crime and the criminal situation are not good. However, in light of the fact that the defendant confessions the crime of this case and reflects against the defendant, the defendant appears to have committed the crime of this case contingently under the influence of alcohol, and the degree of assault against a police officer is difficult to be deemed to be severe. The defendant does not have any record of punishment for the same kind of crime, the defendant is not economically under economic conditions as a basic living recipient, and the health is not good, and the defendant suffers from a disease such as urology, and the defendant's age, character and behavior, environment, family relationship, and circumstances after the crime, etc., the prosecutor's allegation of unfair sentencing is not justified.

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