logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2015.11.12 2015노751
공무집행방해
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s punishment (fine 4,000,000) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. A favorable circumstance is that the Defendant’s mistake is divided and contradictory to himself, that the appellate court has agreed with G, the victimized police officer, that there has been no history of punishment for the same kind of crime so far, and that there is difficulty in maintaining livelihood as a basic livelihood recipient.

However, the crime of this case is deemed to have been committed by a police officer who takes a bath and drinking to perform his duties in a legitimate manner, and the nature of the crime is not good in light of the Criminal Procedure Act; the act of obstructing the performance of official duties by a police officer in uniform requires strict punishment to enhance the national public authority; the court below seems to have taken these circumstances into account; and the mere fact that an agreement has already been reached with a victimized police officer after the decision of the court below was made does not seem to have reached the degree of mitigation of the punishment; and in light of all sentencing conditions of this case, such as the Defendant’s age, character and behavior, environment, the background and consequence of the crime of this case, and the circumstances after the crime, it is deemed that the court below’s punishment is too heavy or unreasonable. Thus, the Defendant and the prosecutor’s allegation of unfair sentencing is without merit.

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

arrow