logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2020.11.13 2019노2378
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the lower court’s punishment (five million won of a fine) is too unhued and unreasonable.

2. In a case where there is no change in the conditions of sentencing compared to the judgment of the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). The lower court determined the sentence against the Defendant by taking into account the circumstances as indicated in its holding, namely, the nature of the crime or the content of the crime that the Defendant obstructed police officers in the course of performing official duties, the Defendant had a record of having been punished several times as a crime of the same kind of violence, the Defendant has no record of punishment exceeding a fine, and there is no special circumstance or change of circumstances to change the sentence of the lower court in the trial, and the Defendant’s age, character, character, environment, motive, means and consequence of the crime, the circumstances after the crime, etc. do not seem to be unreasonable as it is so far as the sentence imposed by the lower court goes beyond the reasonable scope of discretion.

3. The prosecutor's appeal of conclusion is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.

arrow