logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2017.12.14 2017노2992
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable as it is too unhued in this case, which is sentenced by the lower court (3,000,000 won in penalty).

2. The lower court sentenced the above punishment in consideration of the circumstances favorable to the Defendant, such as the confession of the Defendant and the violation of depth of the mistake, the first offender, and the fact that the degree of assault is somewhat minor, by assaulting the police officer who performs legitimate duties, under the circumstances unfavorable to the Defendant’s strict punishment due to the violation of legal order and the public authority.

In full view of all the sentencing conditions, other than the circumstances considered by the court below, including the defendant's age, sexual conduct, environment, health, circumstances leading to a crime, means and result of the crime, size of the crime, and circumstances after the crime, which can be known through records and pleadings, the sentence of the court below appears to be appropriate, and the sentencing judgment of the court below exceeded the reasonable limit of discretion.

There is no circumstance that the assessment or maintenance thereof is deemed unfair (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). Therefore, it is difficult to view that the sentence imposed by the lower court is unfair because it is too unfasible as the prosecutor asserts.

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 appeal is without merit. It is so decided as per Disposition.

arrow