logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 2018.02.08 2017노3113
공무집행방해등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant: The sentence (10 million won) of the lower judgment is too heavy.

B. Prosecutor: The sentence of the lower judgment is too minor.

2. The judgment following the following facts: (a) the Defendant led to the confession of a crime, and the fact that there is a family member to support, etc., are favorable grounds for sentencing; (b) assaulting a police officer upon receiving a report, and assaulting him/her; (c) assaulting a police officer after arresting a flagrant offender; (d) assaulting a police officer during the police box during the period of suspended sentence of imprisonment with labor; (b) recidivism during the period of suspended sentence of imprisonment with labor; (c) assaulting a police officer during the police box; and (d) failure to agree with the victim; and (d) failure to receive a letter from police officers

In full view of the above sentencing factors, in full view of the Defendant’s age, family relation, economic situation, background and motive leading up to the commission of the crime, and all other matters regarding the sentencing as indicated in the records and arguments in this case, the judgment below’s punishment is determined to be appropriate, and there is no change of circumstances to be considered in the trial at the present time, and the arguments of the Defendant

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

arrow