beta
(영문) 수원지방법원 2019.08.22 2019노2693

공무집행방해

Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the lower court’s punishment (three million won of a fine) is too unhued and unreasonable.

2. The crime of this case was committed by the police officers dispatched by the defendant after receiving a report 112

Recognizing that circumstances such as: (a) refusing to comply with the Gu and obstructing the legitimate performance of official duties by assaulting and assault against police officers; (b) the liability for such crime cannot be deemed to be less severe; and (c) the crime of obstructing the performance of official duties by disregarding public authority and obstructing criminal justice procedures need to be strictly punished; (b) it appears that this has already been considered in the sentencing of the

In addition, considering the following circumstances: (a) the degree of assault used by the Defendant was not serious; (b) the Defendant led to the instant crime; and (c) the Defendant reflects his mistake; and (d) the Defendant has no other criminal records other than criminal punishment once sentenced to a fine of this kind of crime in 2003; (b) equity in sentencing with similar and similar incidents; (c) equity in sentencing with the Defendant’s age, character and conduct; (d) background, motive and circumstance of the instant crime; and (e) various conditions of sentencing as indicated in the argument of the instant case, such as the circumstances after the crime, etc.,

Therefore, the prosecutor's above assertion is not accepted.

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