logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2017.11.03 2017노2949
공무집행방해
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the lower court (five million won in penalty) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

2. We also examine the argument that the Defendant and the prosecutor’s sentencing are unfair.

The crime of this case is committed by assaulting a police officer who was dispatched after receiving a report 112 and obstructing the legitimate execution of his duties. It is not good for the defendant to commit the crime. It is unfavorable that the defendant was punished once due to damage to public goods in 2009 and once by one fine due to injury in 2012.

On the other hand, the fact that the defendant acknowledges and reflects the crime of this case, and that the defendant received a letter from the damaged police officer is favorable.

In full view of the above circumstances and other conditions of sentencing as shown in the records and arguments of this case, such as the character and conduct, environment, motive and background of the crime, and circumstances after the crime, etc., the sentence imposed by the court below cannot be deemed to be too weak or unfair, and thus, the argument between the defendant and the prosecutor is without merit.

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

arrow