logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 2020.05.29 2019노2358
공무집행방해등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (public prosecutor) of the lower court’s punishment (two years of suspended execution and probation in August) shall be too unhued and unreasonable;

2. Determination is an unfavorable circumstance, where the Defendant expressed a desire to a police officer who was dispatched as a report on his act of disturbing drinking alcohol, and the case of the instant crime that obstructed the performance of official duties by pushing one of the police officers or by force, including punishment, exceeds five times, and there is no agreement with the victims, etc.

On the other hand, there are more favorable circumstances, such as the fact that the defendant reflects the mistake, the degree of violence used to police officers, and the degree of obstruction of performance of official duties, and the fact that there was no record of criminal punishment after 2004, except for a fine for the crime of assault in 2015.

In full view of these circumstances and all of the sentencing conditions indicated in the instant argument, the lower court’s punishment cannot be deemed as being too uneasible and unreasonable.

3. As such, the prosecutor’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the ground that it is without merit.

arrow