logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2015.07.16 2015노1625
공무집행방해
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant’s appeal on the unfair sentencing of a fine of KRW 10 million (including fine of KRW 10 million) by the lower court is too unreasonable.

B. The prosecutor’s above sentence that the court below rendered by the court below on the grounds of unreasonable sentencing is too unjustifiable and unfair.

2. We also examine the arguments of the defendant and the prosecutor regarding the grounds for appeal.

In light of the circumstances, such as the fact that the defendant committed the same kind of crime even though he/she had been subject to punishment several times due to obstruction of performance of official duties, and that the defendant committed several assaults against the police officer performing official duties without any reason, the liability of the defendant does not be mitigated. However, considering the fact that the defendant is detained for three months as a result of the instant crime, and that the damage is relatively minor, and other various circumstances that form the conditions for the argument and the sentencing specified in the records of this case, such as the defendant's age, character and conduct, environment, details, motive, means, and consequence of the instant crime, etc., the punishment imposed by the court below is deemed appropriate, and it is not recognized that it is improper because the defendant is excessively excessive or unfeasible.

Therefore, the defendant and prosecutor's argument are without merit.

3. In conclusion, the appeal filed by the defendant and the prosecutor 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.

arrow