(영문) 인천지방법원 2017.09.27 2017노2581 | 리걸엔진

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(영문) 인천지방법원 2017.09.27 2017노2581

공무집행방해

Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence (4 million won in penalty) that the court below rendered by the court below on the gist of the grounds of appeal is deemed to be too unhutiled and unfair.

2. The Defendant, upon receiving a report from 112, abused a police officer who was dispatched to the police station to take a bath, and assaulted him/her on the part of a police officer on the part of his/her vessel and chest, thereby obstructing the police officer’s legitimate performance of official duties.

The crime is not likely to be a serious public authority that is essential to maintain the order of the state, and the police officers who suffered the damage are also trying to punish the defendant.

Although the Defendant committed the instant crime under the influence of alcohol in the past, even though he had had a record of committing a crime under the influence of alcohol several times (12 times a punishment) and had been punished, the Defendant committed the instant crime in the state of drinking. As long as the Defendant did not improve the wall of wrong drinking, the risk of recidivism still remains.

I seem to appear.

However, the Defendant recognized the instant crime, and against his mistake, and deposited KRW 500,00 for the victim police officers.

The crime of this case appears to have been committed under the influence of alcohol by the Defendant under the influence of alcohol. The Defendant, after the crime of this case, seems to have been committed, appears to have been under the influence of alcohol and sustained treatment of alcohol dependence in the future while showing his own drinking and aggressive action problems arising therefrom, etc. are being treated in good faith after the crime of this case.

There are many things.

The defendant seems to have engaged in a relatively faithful social life because he/she must support his/her parents and minor children, and there is no criminal record exceeding a fine.

In full view of the above circumstances, the Defendant’s age, sex, career, environment, family relationship, motive and background of the instant crime, means and method, results, and all of the sentencing conditions shown in the present case’s records and arguments, such as the Defendant’s age, sex, career, environment, family relationship, and the circumstances before and after the instant crime, the Defendant was sentenced to

유사 판례

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