logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 춘천지방법원 2015.02.11 2014노1017
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for four months) that the court below sentenced against the defendant is undue.

2. The defendant has been punished several times due to the same crime in the judgment, and the crime of obstruction of performance of official duties was committed without being familiar with the defendant during the period of probation, and there are unfavorable circumstances such as the fact that there is a need for severe punishment as a crime that undermines the function of the State by nullifyinging legitimate exercise of public authority. However, the defendant's mistake is divided and reflected, the degree of assault in this case is relatively minor, the defendant's health status is not good, the above suspended sentence should be invalidated and sentenced to imprisonment (four months of imprisonment) if the imprisonment in this case is finalized, and the above suspended sentence should be imposed until imprisonment (four months of imprisonment). In addition, considering the motive and background leading to the crime in this case, the defendant's age after the crime, character and conduct, and environment, the prosecutor's allegation above is not justified.

3. In conclusion, 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. It is so decided as per Disposition.

arrow