logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2017.02.02 2016노6252
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

The summary of the prosecutor's appeal grounds (unfair sentencing) of the crime of this case is that the court below's punishment imposing a fine of KRW 2,00,000 is too unreasonable in light of the following: (a) the defendant attempted to remove the bridge of police officers who control the defendant's failure to commit the crime; (b) the opening of the crime is not appropriate to obstruct the performance of official duties by putting the defendant on his hand; and (c) the crime of obstructing the performance of official duties against the police officers in uniform requires strict punishment.

Judgment

In full view of the circumstances alleged in the records and arguments in the instant case, including the fact that the Defendant recognized a mistake and commits the instant crime in a drunken state, the degree of assault used by the police officer is relatively limited, the Defendant did not have any history of criminal punishment, and the Defendant’s age, sexual conduct, environment, motive and circumstance of the crime, and circumstances after the crime, etc., even if considering the circumstances alleged in the grounds of appeal, the lower court’s punishment is too uneasible and unreasonable, and thus, the aforementioned assertion is without merit.

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. It is so decided as per Disposition.

arrow