logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울서부지방법원 2015.09.10 2015노694
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (a fine of three million won) by the lower court is too minor.

2. The determination that the Defendant’s assaulted a police officer who wears his uniform to hinder the exercise of legitimate public authority is not very good to commit such offense and requires strict punishment at the level of establishing public authority is an element of sentencing unfavorable to the Defendant.

However, the fact that the defendant is a primary offender, the fact that all of his criminal acts are recognized and reflected, the drinking alcohol is likely to lead to the crime of this case, and the degree of damage suffered by the police officer is not significant, and the fact that the police officer agreed with the victim police officer is an element of sentencing favorable to the defendant.

In addition, when considering the various factors of sentencing prescribed by Article 51 of the Criminal Act, such as the defendant's age, character and conduct, it cannot be deemed that the sentence of the court below is too uneasible and unreasonable.

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

arrow