logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2015.06.09 2015노493
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of three million won) of the lower court is deemed to be too unhued and unreasonable.

2. Determination

A. In order to establish a state’s legal order and eradicate the light of the public authority, it is necessary to strictly punish a crime of obstruction of performance of official duties, and assault a police officer after having received a report from a police officer who was dispatched to the police station, and the nature of the crime is not good.

B. However, in full view of the following circumstances: (a) the Defendant led to the confession of and against the instant crime; (b) the first offender who has no record of criminal punishment; (c) the degree of damage inflicted upon the police officer was not serious; and (d) the Defendant’s age, circumstances leading to the instant crime; and (e) other circumstances that form the conditions for sentencing specified in the instant pleadings, such as the circumstances after the commission of the crime, the lower court’s punishment

C. Therefore, the prosecutor's above assertion is without merit.

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