(영문) 대구지방법원 2016.12.15 2016노3420 | 리걸엔진

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대구지방법원 2016.12.15 2016노3420

공무집행방해등

Text

The prosecutor's appeal is dismissed.

Reasons

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

2. Determination

A. The lower court sentenced the above sentence by taking into account the favorable circumstances, such as the Defendant’s assault against the police officer and damaging property, but it appears that the degree of assault by the Defendant or the degree of damage to property would be minor; the Defendant did not have been punished due to the obstruction of performance of official duties; there was no enemy who was punished due to the obstruction of performance of official duties; and the Defendant’s economic situation appears to be good.

B. Since the crime of obstruction of performance of official duties is likely to disrupt social order maintained by the public authority, such a case is not weak, and it is necessary to immediately punish the public authority and the social discipline in order to create a social atmosphere in which the law and principles are observed.

Furthermore, it is highly likely to criticize the defendant's direct exercise of force against the damaged police officers who wear the uniform, and it was not received from the police officer.

However, considering the fact that the Defendant led to the confession and reflect of the instant crime, the degree of tangible power and the extent of damage are relatively minor, there is no other circumstance that the lower court’s judgment is deemed to have exceeded the reasonable bounds of discretion or to be unreasonable to maintain it as it is, in full view of all the circumstances of sentencing as indicated in the records and arguments, including the Defendant’s age, character and conduct, environment, criminal records, means of crime and consequences, etc.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). Therefore, as asserted by a prosecutor, the lower court’s sentencing cannot be deemed unreasonable as it is so unreasonable to the extent that the lower court ought to be reversed.

3. In conclusion, the prosecutor's appeal is without merit and it is in accordance with Article 364 (4) of the Criminal Procedure Act.

참조조문

-형사소송법 제364조 제4항

참조판례

-대법원 2015. 7. 23. 선고 2015도3260 전원합의체 판결

유사 판례

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