logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울동부지방법원 2016.04.07 2015노1432
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the penalty (five million won in penalty) declared by the court below is excessively unfilled and unfair.

2. The fact that the Defendant was sentenced to a summary order of a fine of KRW 3 million due to interference with the performance of official duties in 2007 and the record of punishment as an act of violence reaches ten times, and that the Defendant committed the instant crime while being sentenced to a suspended sentence of six months for the crime of injury in 2014 and was again sentenced to a suspended sentence of two years for the crime of injury in 2014, is disadvantageous to the Defendant.

On the other hand, as the court below stated in detail in the reason of sentencing, the defendant deposited KRW 1.3 million for the sake of the crime, and the damaged police officer also wanted to leave the defendant's wife until the trial of the party, and the fact that the defendant is living together with his mother's mother, is living together with his livelihood, is favorable to the defendant.

In light of the above circumstances and other circumstances, the Defendant’s age, sexual conduct, motive, means and consequence of the commission of the crime, and the circumstances after the commission of the crime, etc., the lower court’s sentence cannot be deemed to be unfair as it is too unfasible and unreasonable.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the prosecutor's appeal is without merit. It is so decided as per Disposition.

arrow