logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2016.12.22 2016노3823
공무집행방해
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (three million won of a fine) is too unreasonable.

2. The judgment that the defendant recognized the crime of this case, and the crime of this case appears to have committed contingent and shocking acts by misunderstanding that the defendant went against the police officer while under the influence of alcohol. The extent of violence that the defendant used in the course of the crime of this case is relatively excessive, and the defendant paid consolation money in the court below. The above police officer did not want the punishment of the defendant. The defendant did not have any past record of criminal punishment so far, and the defendant's family and branch wanting to take the action against the defendant are favorable to the defendant.

However, the crime of this case is committed by a police officer who was dispatched by the defendant after being reported to him as a matter of charges in a singing room, and constantly takes a desire to do so to the police officer who was called out, and used violence by the police officer several times despite the detention of the people around, and the nature of the crime is not good, and there is a need to sentence severe punishment as to the crime of obstruction of performance of official duties, such as this case, in order to resolve the clibing of legitimate public authority, and establish legal order. The defendant has the record of being subject to a disposition of non-prosecution of the suspension of indictment for other crimes in the past, and other various sentencing conditions such as the defendant's age, character, character, environment, family relationship, etc., the sentencing of the court below is too unreasonable.

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

arrow