logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2016.10.20 2016노1675
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable because the penalty (two million won of a fine) declared by the court below is too unhued.

2. Determination

A. The court below sentenced the above punishment by taking account of the circumstances favorable to the defendant, where the crime of this case was committed by assaulting the police officer who properly performed official duties, and the liability for the crime was not less severe than that of assault against the police officer, and the defendant was not more severe than that of assault against the police officer, and the defendant was fully recognized, and there was no specific penalty other than minor fines, and there was no specific penalty other than minor fines, and the police officer who suffered damage was accepted the defendant's death and wanting to take the Defendant's preference against the defendant.

B. The crime of obstruction of performance of official duties is likely to disrupt social order maintained by the public authority, and the case needs to be punished on the grounds that the public authority’s prestige and social discipline should be immediately set up in order to create a social atmosphere in which the law and the principle are observed. However, as seen earlier, there are no circumstances that the lower court’s determination in full view of the circumstances, reflectiveness of the Defendant, the criminal records of the victimized police officers, and the Defendant’s age, character and conduct, environment, circumstances leading to the instant crime, means, results, etc., including all of the circumstances considered by the lower court, the lower court’s conviction is deemed to have exceeded the reasonable limit of discretion, or that it is unreasonable to maintain it as it is, even if it is deemed that the lower court exceeded the reasonable limit of discretion.

(see Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). Therefore, the lower court’s sentencing is too unjustifiable so far as it ought to be reversed, as alleged by the prosecutor, cannot be deemed unreasonable.

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

arrow