(영문) 대전지방법원 2015.10.07 2014노3900 | 리걸엔진

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대전지방법원 2015.10.07 2014노3900

업무방해

Text

Defendant

B All appeals filed against the Defendant A by the Prosecutor and the Prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant B (unfair punishment)’s punishment sentenced by the lower court against Defendant B is too unreasonable as it is too unreasonable.

B. The prosecutor (e.g., a fine of 5 million won) sentenced by the court below to Defendant A is too unhued and unfair.

2. Determination

A. As to Defendant B’s assertion of unfair sentencing, Defendant B’s confession of the instant crime and reflects his mistake, Defendant B has no particular criminal power except for the case subject to a fine once due to a type of crime, and the fact that there is a family member to be considered is favorable to the Defendant.

However, as the defendant took a brutal and desire for a police officer, it is not good to the nature of the crime, and as to the act of obstructing the performance of official duties against a police officer in uniform, it is an unfavorable circumstance to the defendant that requires strict punishment to enhance the public confidence of the nation.

In full view of the above circumstances and other circumstances that led to the instant crime, including the circumstances and motive, the circumstances after the instant crime, the Defendant’s age, character and conduct, family relationship, environment, occupation, etc., and the conditions of sentencing as shown in the records and arguments, the lower court’s sentence is too unreasonable, and thus, the Defendant’s allegation of unfair sentencing is not acceptable.

B. Defendant A was sentenced to a suspended sentence of imprisonment due to the crime of obstruction of performance of official duties, etc. on the prosecutor’s assertion of unfair sentencing against Defendant A, and the fact that Defendant A committed the instant crime during the suspended sentence period for which one month has not passed since the judgment became final and that there was two times the past record of fines due to the instant crime is disadvantageous to the Defendant.

However, the defendant confessions the crime of this case and reflects his mistake, and the victim does not want the punishment of the defendant.

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