logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 울산지방법원 2015.12.04 2015노554
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the penalty (two million won of a fine) imposed by the court below on the defendant is too unhued and unfair.

2. In order to establish the legal order of the judgment state and eradicate the light of the public authority, there is a need to strictly punish the crime of obstruction of the performance of official duties. The crime of this case is committed against the Defendant, in the course of assaulting the police officer in uniformed by the Defendant, and obstructing the police officer’s legitimate performance of official duties concerning the handling of the 112 reported case, while the police officer dispatched after receiving 112 report that the Defendant does self-harm, thereby obstructing the Defendant’s legitimate performance of official duties by the police officer with regard to the 112 reported case.

However, the circumstances are favorable to the defendant, such as the fact that the defendant recognized all of the crimes of this case in the trial, and is breaking his mistake in depth, that the defendant appears to have reached a contingent crime under the influence of alcohol, that the degree of the assault of this case is not significant, that the defendant does not have to be punished for the same kind of crime, or that there is no penalty force exceeding the fine.

In full view of the above unfavorable circumstances and favorable circumstances, and all the conditions of sentencing as shown in the records and trial process of this case, such as the defendant’s age, character and conduct, environment, family relationship, motive and circumstance after the crime, etc., the prosecutor’s assertion is without merit, since the sentence imposed by the court below is too uneasible.

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.

arrow