logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2017.04.19 2016노2706
공무집행방해등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (ten months of imprisonment, two years of probation, two years of probation, observation of protection, community service 120 hours, 40 hours of compliance driving) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. We examine the judgment. Among each of the crimes of this case, the crime of interference with the execution of official duties of this case was committed by assault against the police officers on legitimate execution of official duties without any justifiable reason, and the crime is not good. The police officers who were assaulted wanted to punish the defendant, and the defendant driven a vehicle under the influence of alcohol 0.182% during blood alcohol level. It is disadvantageous to the defendant.

However, the defendant recognized all of the crimes of this case, and is in profoundly against his mistake.

In addition, there is no particular change in the sentencing conditions compared to the original judgment, and considering all the sentencing conditions specified in the records and arguments of this case, the lower court’s punishment is too heavy or it seems unfair because it is too heavy. Therefore, the Defendant and the prosecutor’s assertion are without merit.

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