(영문) 청주지방법원 2015.10.30 2015노464 | 리걸엔진

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 청주지방법원 2015.10.30 2015노464

공무집행방해

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (five million won of a fine) declared by the court below is too unhued and unreasonable.

2. The instant crime committed the instant crime, without any particular reason, by: (a) the Defendant, while taking a trial fee to a taxi engineer, took a bath against police officers who restrain the disturbance; and (b) continuously taking a bath even after moving to the police zone after moving to the police zone; and (c) assaulting a police officer by walking the mouth of the police officer, walking the spath of the spath; and (d) the spath of the illegality of the act is not weak.

The defendant has failed for about 30 minutes from the above earth zone to the above 30 minutes, and it is difficult to view that the degree of violence the defendant used is also minor.

In addition, considering the fact that there is a history of criminal punishment of a fine of three million won due to the obstruction of performance of official duties in around 2005, it is necessary to punish the defendant with severe punishment corresponding to the criminal liability.

However, the Defendant committed the instant crime in a timely fashion, and is in depth divided.

In addition, the Defendant appears to have committed the instant crime by taking away the instant crime in a drinking place with a person who has been engaged in marriage on the day following the day on which the Defendant was married to a relatively late age and supported the marriage. However, the Defendant’s spouse and the person who became aware of this fact wanted to take the lead of the Defendant and the Defendant’s wife.

In addition, the aforementioned unfavorable circumstances appear to have been sufficiently reflected in the lower court’s judgment on sentencing; the Defendant has no record of criminal punishment exceeding three million won up to the present day; and the Defendant’s age, character and conduct, intelligence and environment, motive, means and consequence of the crime, and other circumstances that form the conditions for sentencing, such as the circumstances after the crime, are deemed unreasonable.

Therefore, the prosecutor's ground of appeal cannot be accepted.

3. Conclusion.

유사 판례

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