(영문) 부산지방법원 2017.07.07 2017노425 | 리걸엔진

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(영문) 부산지방법원 2017.07.07 2017노425

공무집행방해등

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The defendant's appeal is dismissed.

Reasons

1. The lower court’s judgment on the grounds that the part of the facts charged in the instant case, which was dismissed, and the part of the dismissal of a public prosecution, which was not appealed by the prosecutor as to the part of the Defendant’s conviction, became final and conclusive after the lapse of the appeal period. Accordingly, the lower court should be tried only on the part of the lower judgment which was guilty.

2. The sentence (2.5 million won) imposed by the lower court on the summary of the grounds for appeal is too unreasonable.

3. The judgment is recognized that the defendant led to the confession of the crime and repented his mistake, there is no record of punishment for the same kind of crime, and the fact that he received a letter from the victimized police officer.

However, the crime of this case is deemed to obstruct the performance of official duties by assaulting a police officer in the course of performing official duties, and thus, it is necessary to punish the defendant strictly in consideration of the recent situation of public authority. The defendant has been punished by a fine, suspended execution, and sentenced to punishment on several occasions, and other factors such as the defendant's age, sex, behavior, environment, motive, means and consequence of the crime of this case, etc., the sentence of the court below is not deemed to be unfair because it is too unreasonable in consideration of all the conditions of sentencing specified in the argument of this case, such as the circumstances

Therefore, the defendant's assertion is without merit.

4. As such, the Defendant’s appeal is dismissed under Article 364(4) of the Criminal Procedure Act on the ground that it is without merit, and it is so decided as per Disposition (Article 334(1) of the Criminal Procedure Act on the ground that it is apparent that the “1. Provisional Payment Order: Article 334(1) of the Criminal Procedure Act was omitted from this mistake” in the application column of the law among the judgment below, and thus, it is corrected to add it ex officio pursuant to Article 25(1) of the

참조조문

-형사소송규칙 제25조 제1항

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