2016No1596 Performance of Official Duties

A person shall be appointed.

Prosecutor

Freeboard ( Prosecution) Transfer (Public Trial) and Transfer (Public Trial)

Ulsan District Court Decision 2016Ma2388 Decided September 7, 2016

April 7, 2017

The prosecutor's appeal is dismissed.

1. Summary of prosecutor's grounds for appeal;

The punishment sentenced by the court below (the fine of KRW 3 million) is too unhued and unfair.

2. Determination

The fact that the defendant actively assaulted or threatened a number of police officers, and that the defendant's unity with the victimized police officers or did not cause any harm is disadvantageous to the defendant.

However, in full view of the following: (a) the Defendant’s perception of committing a crime and reflects the Defendant’s mistake in depth; (b) the degree of assault, intimidation, or interference with official duties is relatively minor; and (c) there is no record of a crime other than a fine before or after a fine has been imposed; and (d) the Defendant’s age, character and conduct, environment, motive for committing a crime; (b) the motive and consequence of a crime; and (c) the circumstances after committing a crime, etc., the lower court’s punishment appears to be reasonable and appropriate; and (d) it cannot be deemed that the Defendant’s punishment

3. Conclusion

Therefore, the prosecutor's appeal is without merit, and it is so decided as per Disposition by deciding to exclude it in accordance with Article 364 (4) of the Criminal Procedure Act.

The presiding judge shall move-type judge.

Judges Kim Jong-soo

Justices Kim Jong-soo