logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2016.04.07 2015노3355
공무집행방해등
Text

All appeals filed by prosecutors and defendants are dismissed.

Reasons

1. On the summary of the reasons for appeal, the prosecutor asserts that the defendant's punishment imposed by the court below (eight months of imprisonment and two years of suspended sentence) is too unfasible and unfair, and the defendant asserts that it is too unfair.

2. We also examine the judgment prosecutor and the defendant's argument of unfair sentencing.

The defendant's assaulted the victim in front of the police officer who was dispatched after receiving the report of the assault, and further, assaulted the police officer to arrest him as a current criminal, and the nature of the crime is heavy.

No agreement was reached with the victim of violence or police officer or the restoration of damage was made.

It is also necessary to protect the legitimate execution of duties of the police for the maintenance of public order by strictly punishing the crimes that interfere with the performance of duties.

On the other hand, while the defendant denies part of the crime even before the court below, the defendant's mistake has been divided into the court below.

It is the first time that there is no record of punishment since 1997, and that punishment is imposed as a obstruction of the performance of official duties.

In full view of such circumstances and circumstances as the age, conduct of sex, motive, means and consequence of the crime, and circumstances after the crime, the sentence determined by the court below in this case is appropriate in the absence of special circumstances that may be considered in the sentencing after the sentence of the court below.

It is not recognized that it is too poor or too poor.

3. If so, the appeal by the prosecutor and the defendant 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