logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2016.11.16 2016노1620
공무집행방해
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. The defendant asserts that the summary of the grounds for appeal (e.g., a fine of 2.5 million won) by the court below is too unreasonable, and the prosecutor asserts that it is too unfied and unreasonable.

2. The circumstances are favorable to the Defendant’s recognition of the instant crime and reflects the mistake, the first offender who has no criminal power, and the fact that the Defendant deposited money to recover damage against D, a police officer, for the purpose of recovering damage.

On the other hand, the crime of this case was committed by the Defendant under the influence of alcohol and 112 against the police officers dispatched after receiving 112 reports, and the nature of the crime was bad due to the assault, and the crime of obstruction of performance of official duties is a crime that undermines the function of the State by nullifying the legitimate exercise of public authority, and thus, it is disadvantageous to the need for strict punishment for establishing national legal order and eradicating the light

In addition, comprehensively taking account of the Defendant’s age, character and conduct, environment, details of the crime, and circumstances after the crime, various sentencing conditions as shown in the instant records and pleadings, it is not recognized that the lower court’s punishment is too heavy or unreasonable.

Therefore, the defendant and prosecutor's argument are without merit.

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

arrow