(영문) 인천지방법원 2017.04.28 2016노4619 | 리걸엔진

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(영문) 인천지방법원 2017.04.28 2016노4619

공무집행방해

Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s punishment (the amount of KRW 5 million) against the Defendant (unfair sentencing) is too unreasonable.

B. The lower court’s sentence against the prosecutor (unlawful in sentencing) is too unhued and unreasonable.

2. After being handed over to a police box by a taxi driver while under the influence of alcohol, the Defendant: (a) sent her home to a police officer on the bulletin board of the police box while taking the crypology; and (b) took the crypology to the police officer who strings the Defendant of the cryp on the street; and (c) took the cryp face of drinking.

In light of the contents and circumstances of the Defendant’s crime, and the degree of police officer’s interference with the police officer’s duty, etc., it cannot be deemed that the Defendant had been sentenced two times prior to the instant case, but the Defendant is deemed to have been sentenced to a fine for the same kind of crime and violent crime. Meanwhile, the Defendant committed the instant crime by drinking alcohol and contingently, and the degree of assault against the police officer (Article 18, 19, 23 of the evidence record), the Defendant recognizes and reflects all the criminal facts; the Defendant’s health is not good; the Defendant’s age, sexual behavior and environment; the motive, means and consequence of the crime; and other various circumstances that form the conditions for sentencing indicated in the record, such as the circumstances after the crime, etc., the Defendant’s age, sex, and environment; the Defendant’s motive, means and result of the crime; thus, the Defendant and the Prosecutor’s assertion is not deemed unfair because the Defendant’s punishment is too heavy or it is uncomfortable.

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

유사 판례

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