beta
(영문) 부산지방법원 2016.07.18 2016노1338

공무집행방해등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The lower court dismissed the public prosecution and sentenced the remainder of the facts charged on the grounds that the victim voluntarily withdrawn the complaint after the prosecution of this case was instituted against the Defendant among the facts charged against the Defendant.

Since the prosecutor appealed only to the guilty portion, the dismissed part of the above indictment was determined separately as it is and excluded from the scope of the judgment of this court.

Ultimately, the scope of the trial shall be limited to the conviction among the judgment below.

2. The summary of the grounds for appeal that the court below rendered by the defendant (the penalty amounting to KRW 4,000,000) is too unhued and unreasonable.

3. The crime of this case committed by a police officer in receipt of a report of assault, and thus called the Defendant’s fighting, is not good in light of the motive and means of the crime, such as the Defendant’s attempt to walk a police officer’s bridge, and thus, it is necessary to strictly punish the Defendant in order to resolve the booming with legitimate public authority and to establish a legal order.

However, taking into account the following circumstances: (a) the Defendant led to the confession of the instant crime; (b) the victim voluntarily withdrawn the accusation against the Defendant; (c) the Defendant did not have any particular criminal history other than being punished by a fine on three occasions due to injury, etc.; and (d) the Defendant’s age, sexual conduct, environment, family relationship; (b) the means and consequence of the instant crime; and (c) other circumstances that form the conditions for sentencing as indicated in the record and the previous theory, such as the circumstances after the crime, etc., the sentence imposed by the lower

4. 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.