logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2018.04.11 2017노4602
공용물건손상등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The lower court’s sentence (Defendant A: a fine of KRW 10 million, Defendant B: a fine of KRW 4 million) against the Defendants on the summary of the reasons for appeal is deemed to be too uneasible and unreasonable.

2. Determination

A. The Defendant’s part of Defendant A did not reflect the victims who were arrested and arrested, and resisted against the victim, and the nature of the crime is bad, such as destroying the back of the patrol vehicle by walking the back of the patrol vehicle at several times, and re-offending during the period of repeated crime is disadvantageous to the Defendant.

On the other hand, there are circumstances favorable to the defendant that the defendant recognized the crime of this case, that there is no history of punishment as a obstruction of the performance of official duties, and that the degree of violence is not hot.

In addition, comprehensively taking account of various sentencing conditions, such as the age, sex, environment, and method of the crime of the defendant, the sentence imposed by the court below is too uneasible and unfair.

Therefore, this part of the prosecutor's argument is without merit.

B. On the part of the Defendant B, the Defendant assaulted the police officer, thereby obstructing the legitimate execution of his duties, and thereby obstructing the nature of the crime is not good.

However, there are circumstances favorable to the defendant that the defendant recognizes the crime of this case and reflects it, that there are no criminal records of the same kind or of the suspension of execution, and that the degree of violence is not severe.

In addition, comprehensively taking account of various sentencing conditions, such as the age, sex, environment, and method of the crime of the defendant, the sentence imposed by the court below is too uneasible and unfair.

Therefore, this part of the prosecutor's argument is without merit.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since all of the appeals are without merit.

arrow