logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2015.09.17 2014노3934
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of two million won) of the lower court against the Defendant is deemed unreasonable.

2. In order to establish the legal order of the judgment state and eradicate the light of the public authority, there is a need to strictly punish the obstruction of performance of official duties, and the Defendant is an unfavorable circumstance to the Defendant that the Defendant had been punished four times due to a violent crime.

On the other hand, the fact that the defendant does not have a criminal record exceeding the same criminal record or fine, the degree of assault is minor, and that the defendant does not want the punishment of the defendant by mutual consent with the victim is favorable to the defendant.

In addition, comprehensively taking account of the Defendant’s age, character and conduct, environment, background and consequence of the instant crime, and all of the sentencing conditions indicated in the instant case, such as the circumstances after the commission of the crime, the lower court’s punishment is deemed too unjustifiable and unreasonable. Therefore, the Prosecutor’s aforementioned assertion

3. In conclusion, the prosecutor's appeal of this case is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

arrow