logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2015.09.04 2015노1518
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

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

2. Determination of the crime of this case is acknowledged that the crime of this case interferes with legitimate execution of official duties by assaulting and threatening a police officer dispatched after receiving a report by the defendant.

However, in light of the following: (a) the Defendant recognized the instant crime and divided his mistake; (b) the Defendant was the first offender who was not subject to any criminal punishment in the past; (c) the degree of assault and intimidation is relatively minor; and (d) the police officer did not have a superior position due to the instant crime; (c) the police officer expressed his wish to have the Defendant’s wife; and (d) other factors of sentencing as indicated in the instant argument, including the Defendant’s age, character and conduct, the background of the instant crime; and (e) the circumstances after the instant crime, etc., the lower court’s sentence imposed on the Defendant cannot be deemed unfair, and thus, the Prosecutor’s allegation above is

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