logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2015.06.11 2015노330
공무집행방해
Text

All appeals filed by the prosecutor against the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., a form of punishment) by the lower court against the Defendants is deemed to be too uneasible and unfair.

2. It is recognized that the crime of obstruction of the performance of official duties requires strict punishment as a crime detrimental to the function of the State by nullifying the legitimate exercise of public authority.

However, under the influence of alcohol, the Defendants appear to have committed the instant crime; the Defendants led to the instant crime; the Defendants led to confession and reflect; Defendant A deposited KRW 1 million with G and H, each of which is the victimized police officers; Defendant B appears to have been trying to recover from damage of the instant case, including deposit of KRW 1 million with the said H; Defendant A had a dependent, including his wife and still not completed his studies; Defendant A had no previous criminal record; Defendant B had no other criminal record except for those sentenced to a fine of KRW 500,000 due to the violation of the Punishment of Violences, etc. Act on September 17, 2004; and in full view of various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the Defendants’ age, character and conduct, environment, criminal motive, means and consequence; and Defendant B did not seem to have been able to have been able to complete his studies; and the prosecutor’s assertion of unfair sentencing is without merit.

3. In conclusion, the prosecutor's appeal against the defendants is without merit, and all of the appeals are dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

arrow