(영문) 수원지방법원 2020.11.05 2020노3466 | 리걸엔진

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Reasons

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크기(pt)

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줄 간격

자간(%)

(영문) 수원지방법원 2020.11.05 2020노3466

공무집행방해등

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All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment of the lower court (a fine of three million won) is too unreasonable.

B. The Prosecutor’s sentence of the lower court (a fine of three million won) is too unhued and unreasonable.

2. We examine the reasoning of the judgment and the prosecutor together.

The crime of this case was committed on the ground that the defendant was lost on the ground that he was under the influence of alcohol and explained about the procedures for disposal of lost property after 40 minutes, but he saw the disturbance. The crime of this case was committed on the police officer who was arrested as an act in the act of committing a crime and obstructed the performance of official duties. The crime of this case was committed on the ground that the defendant was under the influence of alcohol, and the defendant was punished two times by a fine due to an act of violence.

On the other hand, the facts that the defendant recognized the crime of this case and reflects his mistake in depth, that the extent of the assault committed by the defendant is not much serious, that the defendant is able to be a good camping player after the divorce, and that he is able to be a good camping player, and that he wanted to leave out of the son around the time of this case, but he seems to have committed the crime of this case by drunkly and contingently, after hearing the words that she wanted to leave out of the son, it seems to have committed the crime of this case. The defendant's violent crime of this case was punished by a fine of KRW 30,000,000 for each 20 to 30 years prior to the crime of violence, and there is no other criminal record.

In full view of the above circumstances and the Defendant’s age, character and conduct, environment, motive, background, means and consequence of the crime, and the sentencing of similar cases as indicated in the instant records and arguments, such as the circumstances after the crime, etc., the lower court’s punishment is too heavy as alleged by the Defendant, or is too unreasonable as it is alleged by the Prosecutor.

Therefore, we cannot accept all the above arguments of the defendant and prosecutor.

3. Conclusion.

유사 판례

-광주지방법원 2019.08.20 2019노1435

-광주지방법원 2015.01.21 2014노1311

-부산지방법원 2017.03.17 2016노3712

-서울고등법원 2015.04.30 2015노744

-광주지방법원 2015.09.02 2015노127