logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2017.07.20 2017노882
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) by the lower court is deemed to be too uneasy and unfair as the only KRW 500,000,000, imposed by the lower court.

2. The crime of this case is recognized as exercising a physical force by a police officer who directly controls a fire on the spot, and the crime of this case requires strict punishment for obstructing the performance of official duties to establish public authority and protect legal order.

However, in full view of the following circumstances: (a) the Defendant recognized the instant crime; (b) the Defendant has no record of being punished for the same kind of crime; (c) the degree of force exercised by the victimized Police Officers is relatively excessive; and (d) the Defendant’s age, sex, motive, means and consequence of the instant crime; and (c) other circumstances that are conditions for sentencing, such as the circumstances after the instant crime, the sentence imposed by the lower court is too uneasible and unreasonable.

3. 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. It is so decided as per Disposition.

arrow