logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2015.11.13 2015노514
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

The gist of the grounds for appeal by the prosecutor is that the crime of this case committed by the police officer who was dispatched by the defendant after receiving a report of 112 on domestic violence was inferior to the quality of the crime of this case, and that there is a need to strictly punish the police officer with respect to obstruction of performance of official duties against the police officer who worn a uniform in order to establish the legal order. In light of the above, the punishment of the court below (hereinafter referred to as a fine of 4 million won) is too unreasonable.

In light of the circumstances alleged by the prosecutor, it is not recognized that the sentence imposed by the court below is too unreasonable, considering the following factors: (a) the defendant has been punished four times of a fine, and there is no same criminal records; (b) the fact that the investigative agency recognized the crime from the investigation agency and expressed the intent of the police officer who was assaulted; and (c) the defendant's age, character and conduct, intelligence and environment, motive, means and consequence of the crime; and (d) other various circumstances that are conditions for sentencing as indicated in the instant case, including the circumstances after the crime.

Therefore, since the prosecutor's appeal is without merit, it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

arrow