2017No2642 Obstruction of Performance of Official Duties

A

Prosecutor

Chang-gu Office (Court of Prosecution) and Court of Arbitration (Court of Arbitration)

Seoul Central District Court Decision 2017Ma2323 Decided July 5, 2017

January 23, 2018

The prosecutor's appeal is dismissed.

1. Summary of grounds for appeal;

The punishment (two million won of a fine) imposed on the defendant by the court below is too unhued and unfair.

2. Determination

The crime of this case is committed by assaulting a police officer who wears a uniform called upon receiving a report of 112, thereby obstructing the performance of official duties, and the quality of such crime is not good, and is disadvantageous to the defendant.

However, the fact that the defendant is recognized as committing the crime of this case and is against the defendant, and that there is no criminal record of the suspension of execution or heavier punishment for the same crime other than twice a fine, etc. are favorable to the defendant.

In addition, in full view of various circumstances, including the Defendant’s age, character and conduct, family relationship, environment, and circumstances after the crime, etc., the Prosecutor’s assertion is rejected on the ground that the sentence imposed by the lower court is too uneasible and unreasonable.

3. Conclusion

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

The presiding judge, senior judge and senior judge

Judges Park Jong-ho

Judges Lee Jae-in