logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2016.07.08 2016노1437
특수공무집행방해등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentence imposed by the court below on the defendant (one year of imprisonment and two years of suspended execution) is too unfford and unfair.

2. In order to escape from the J, the instant crime of this case requires strict punishment in light of the following: (a) the prosecution investigator who seeks to arrest the said J, committed a serious challenge to the public authority as a matter of interference with the arrest of the public authority, which was committed by the prosecution investigator who attempted to arrest the said J on the part of the main body of the vehicle that the said J escaped; and (b) the degree of the Defendant’s participation.

However, it is necessary to respect the judgment of the court below because there is no change in the conditions of sentencing compared with the court below because new sentencing data have not been submitted at the court of original instance. The defendant is detained by the crime of this case, thereby realizing and reflecting the seriousness of the crime of this case, the defendant later voluntarily surrenders himself, the violation of the Automobile Management Act has no criminal record other than the sentence of a fine of KRW 700,000,000,000, and the principle of equity with the already punished accomplices should be taken into account. In full view of the circumstances and result of the crime of this case, the circumstances after the crime of this case, the character and conduct of the defendant, the environment, and age of the defendant, etc., as well as the various circumstances that form the conditions of sentencing specified in the records and arguments

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.

arrow