(영문) 창원지방법원 2014.12.11 2014노2199 | 리걸엔진

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자간(%)

(영문) 창원지방법원 2014.12.11 2014노2199

공무집행방해

Text

The prosecutor's appeal is dismissed.

Reasons

1. The prosecutor of the grounds for appeal asserts that the penalty (4 million won of a fine) declared by the court below is too unhued and unreasonable.

2. The crime of this case is acknowledged in the following cases: (a) the Defendant was under control by a police officer on the ground that he driven a motor vehicle by breaking the central line; (b) the Defendant was driving a motor vehicle with an Anhovah and a driver driving the motor vehicle; and (c) the police officer took a bath to the police officer who was driven by the following motor vehicle; (d) the method of the crime is dangerous and hostile; (b) the motive of the crime is not easy to commit the crime; and (c) the crime of obstruction of performance of official duties needs to be punished in order to protect the legitimate performance of official duties of the State and to establish a sound social order.

However, in full view of the following circumstances: (a) the Defendant recognized his mistake and reflects the Defendant; (b) there is no criminal force except the criminal punishment of a fine of 200,000 won due to a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents in around 1995; and (c) equity with criminal punishment for other crimes similar to the instant crime; and (d) the Defendant’s age, character and conduct, occupation and environment; (b) family relationship; (c) the background and consequence of the instant crime; and (d) the circumstances surrounding the instant crime and the conditions for sentencing specified in the records and pleadings, the Prosecutor’s assertion cannot be accepted,

3. In conclusion, the prosecutor's appeal is dismissed as it is without merit. It is so decided as per Disposition.

However, the court below's application of law

1. Since it is apparent that “each of the options” in the selection of punishment is an error in the “election of fine”, rectification ex officio is made pursuant to Article 25(1) of the Regulations on Criminal Procedure.

참조조문

-교통사고처리 특례법

-형사소송규칙 제25조 제1항

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