(영문) 청주지방법원 2019.06.13 2019노515 | 리걸엔진

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자간(%)

(영문) 청주지방법원 2019.06.13 2019노515

공무집행방해등

Text

All appeals filed by prosecutors and defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. In light of the following: (a) the Defendant committed assault against a correctional officer in the course of performing official duties; (b) the metal protection zone and the head of the damaged correctional officer, which is a dangerous object, was at the price of the head of the damaged correctional officer, and the nature of the crime is very poor in light of the details of the crime and the water law; and (c) any measure is not taken to recover from damage, the sentence (two months of imprisonment) imposed by the lower court is too unreasonable.

B. Considering not only the Defendant committed each of the crimes of this case under the lack of the ability to discern things or make decisions due to the mental retardation of the Defendant’s longitude, but also the Defendant committed the crimes of this case in depth, making a confession of all of the facts of the crime, and thereby is in violation of the depth of the mistake, the instant punishment was imposed for 30 days of punishment in prison due to the instant case, and the Defendant did not have the same criminal power, the above punishment of the lower court is too unreasonable.

2. The court below sentenced the above punishment to the defendant on the grounds of sentencing as stated in its reasoning. The prosecutor and the defendant's assertion are deemed to have been given due consideration to the above circumstances in the court below, and there is no particular change in the conditions of sentencing after the judgment of the court below, as well as other factors such as the defendant's age, health, character and behavior and environment, motive, means and consequence of the crime, and the circumstances after the crime, etc., the court below's punishment is too minor in light of the above factors as stated in the records of this case.

It is not likely that it is improper or uneasible.

3. In conclusion, the appeal filed by the defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act since the appeal filed by the defendant and the prosecutor is without merit. It is so decided as per

참조조문

-형사소송법 제364조 제4항

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