logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2015.06.04 2015노223
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the prosecutor’s appeal grounds (e.g., the Defendant’s act of obstructing the performance of official duties, such as sprinking down the police officer Fbucks at once and spacks at the right side of the police officer’s spacks, which were sent to the police station after receiving a report while walking the road in the state of alcohol and sound. Even after being taken to the police station, the Defendant’s act of obstructing the performance of official duties by sprinking the police officer’s spacks, etc., is very poor. In light of the above, the lower court’s punishment that imposed a community service order for 6 months in prison, 2 years in suspended sentence and 100 hours in prison is unreasonable, considering that the Defendant’s act of obstructing the performance of official duties by the police officer in uniform requires severe punishment to enhance the national public authority’s confidence in the act of obstructing the performance of official duties by the police officer.

2. Determination is against the Defendant’s mistake, and it appears that the Defendant committed each of the instant crimes by drinking alcohol and contingency, and there is no record of criminal punishment except twice a fine due to injury, gambling, and the Defendant’s husband L is currently detained in Suwon Detention House on March 27, 2015 due to obstruction of performance of official duties, etc. In addition, considering the motive and background of each of the instant crimes, the circumstances before and after the instant crimes, degree of damage, and other various matters stipulated in Article 51 of the Criminal Act, which are conditions for sentencing, such as the Defendant’s character and conduct, as alleged in the grounds for appeal, the lower court’s punishment is deemed unreasonable even if it is deemed unreasonable, considering all of the circumstances alleged in the grounds for appeal.

3. The prosecutor’s appeal of conclusion is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that there is no ground for appeal by the prosecutor.

arrow