logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2018.04.06 2017노8029
공무집행방해
Text

All of the appeals by prosecutors are dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (a fine of three million won per each) is too unhued and unreasonable.

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 interference with the performance of official duties, and the fact that the Defendants, who received the report from the Defendants, committed the assault again to the police officers dispatched at a public place, is disadvantageous to the Defendants.

There are no previous criminal records for the Defendants, and Defendant A is the primary offender, and Defendant B has no record of punishment since 1999, in addition to the punishment of the fine imposed on Defendant B 3, etc., it is favorable for the Defendants.

The lower court sentenced the Defendants to a fine of KRW 3 million, taking into account the unfavorable circumstances and favorable circumstances.

In full view of the factors and sentences of the sentencing in this Court, the sentencing of the court below exceeded the reasonable bounds of its discretion, when determining the sentencing.

There is no circumstance that it is deemed unfair to maintain the judgment of the court below as it is or that the judgment of the court below is unfair.

In addition, even in full view of the circumstances, age, sex, family relationship, etc. after the crime of this case, the sentence of the court below is appropriate, and it is not deemed unfair because it is too unfasible.

Therefore, prosecutor's assertion is without merit.

3. The appeal by the prosecutor of the conclusion is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

arrow