logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2016.08.18 2016노752
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (7 million won in penalty) is too unhued and unreasonable.

2. The crime of this case is an act of assaulting a police officer who was dispatched while the defendant was under the influence of driving on the road and thus obstructing the performance of official duties. The crime of this case is not less severe, and it is necessary to strictly punish the act of obstructing the performance of official duties in order to establish the national legal order and eradicate the light of public authority. The defendant's history of criminal punishment reaches 26 times in total and included two times in the same type of criminal records, and is also included in two times during the period of suspended execution.

However, considering the following factors: (a) the Defendant led to the confession of the instant crime; (b) the degree of the type used by the Defendant is relatively minor; (c) the agreement with the victimized police officer; and (d) the Defendant’s age, sexual conduct, environment, developments leading to the commission of the instant crime; and (c) the means and method of the instant crime; and (d) the circumstances after the commission of the instant crime, the sentence imposed by the lower court is too uneas

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

arrow