logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2015.02.05 2014노1894
공무집행방해
Text

All appeals filed by prosecutors and defendants are dismissed.

Reasons

1. The summary of the grounds for appeal argues that the court below sentenced the defendant to a fine of eight million won, and the prosecutor asserts that the sentence of the court below is too uneasible and unfair, and the defendant asserts that the sentence of the court below is too unreasonable.

2. We examine both the judgment and the Defendant’s assertion of unreasonable sentencing.

As pointed out by the prosecutor, the defendant has been punished for the same kind of crime, and considering the fact that the defendant has not been aware that he had been punished for the obstruction of performance of official duties, even though he had already been punished for the crime of the obstruction of performance of official duties during the period of repeated crime, it is necessary to issue a warning to the defendant first.

However, considering the fact that the defendant's repeated crime of this case caused the defendant's negligence, and the defendant's repeated crime is constantly receiving alcohol treatment with his wife's aid, the risk of recidivism in the future is expected to be significantly decreased in the future. Also, considering the fact that the damaged police officer accepted the defendant's serious death department and sought a prior action, and other various circumstances, which are the conditions for sentencing in this case, such as the defendant's age, character, behavior and environment, the punishment determined by the court below seems to be appropriate.

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

arrow