logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2017.05.26 2016노8364
재물손괴등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unlawful in sentencing) of the lower court’s punishment (two years of suspended sentence of imprisonment for eight months, surveillance of protection, and community service order 120 hours) is too unhued and unreasonable.

2. The crime of obstructing the performance of official duties requires strict punishment for the establishment of public authority and the protection of legal order, the Defendant has a record of having been punished several times due to the same or similar criminal conduct, and the fact that the nature of the crime is not good in light of the form of the instant crime, etc. is disadvantageous to the Defendant.

However, in full view of the fact that the defendant seems to have committed a contingent crime in the state of his/her main and interest, the fact that the victim does not want the punishment of the defendant by agreement with the victim of the crime of destruction of property, the fact that the defendant deposited a certain amount to recover damage with respect to the obstruction of the performance of official duties, the fact that the defendant recognized the defendant's mistake at present, and other sentencing conditions, such as the defendant's age, criminal records, criminal records, sex, occupation, environment, motive and circumstance of the crime, method and method of the crime, and circumstances after the crime, etc., it does not seem that the sentence of the court below is too unreasonable.

Therefore, prosecutor's assertion is not accepted.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the prosecutor's appeal is without merit. However, the court below's removal of "the proviso of Article 42" and "the suspension of execution of 1. suspended sentence" in the "proviso of Article 42" and "Article 60 (3) of the Juvenile Act" in the "application of the law" of the court below, and ex officio correction is made in accordance with Article 25 (1) of the Rules on Criminal Procedure.

arrow