logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2016.05.12 2015노3893
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the defendant has two times the past records of criminal punishment for violent crimes, and the face of the police officer who wears his/her uniform is very poor and the case is serious.

There is no reason to deny the crime.

Nevertheless, the court below sentenced the defendant to 2 years of suspended execution and 120 hours of community service work in August. The court below's sentence is too unfortunate and unfair.

2. The defendant's face of a police officer called out after being reported as a problem of taxi charges is not easy to say that the defendant's face is taken as a food.

It is also recognized that the social necessity of strict responsibility is also recognized for a person who interferes with the performance of public duties.

However, the criminal records of the defendant's violent crime are all previous records before 1990, and it is first punished for interference with the execution of official duties.

When the defendant was arrested as the problem of taxi fee, it seems that the defendant committed the crime in the first time with the suppression of the situation, and that he was dissatisfied with the ordinary police, and that he committed the crime.

does not appear.

Although the court below denied the crime, the court below did not appeal against the judgment of the court below which found the guilty, and showed the misunderstanding in the court of the first instance.

In addition, comprehensively taking account of the Defendant’s age, sexual conduct, motive, means and consequence of the commission of the crime, and various circumstances, such as the circumstances after the commission of the crime, the lower court’s punishment is too uneasible and unreasonable.

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