beta
(영문) 수원지방법원 2015.04.16 2014노4674

공무집행방해

Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is as follows: (a) the lower court’s punishment (fine 3,000,000) is too unhued and unreasonable.

2. The judgment of this case is a case of assaulting a police officer dispatched by the defendant upon receiving a report, and it is true that the nature of the crime is not good in that the defendant interfered with a public official's legitimate performance of official duties. However, the prosecutor's above assertion is not acceptable on the ground that the defendant did not have the same criminal power, and the defendant seems to have committed the crime of this case on a contingent and impulse basis, and the defendant's assault against a police officer is not deemed to be relatively severe, and in full view of all the sentencing conditions stated in the arguments of this case, including the defendant's age, character and behavior, environment, family relationship, motive and circumstance after the crime, etc.

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.