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(영문) 대구지방법원 2014.09.04 2014노577

업무방해등

Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 1,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (three million won of a fine) is too unreasonable.

2. The offense of this case, such as the Defendant’s assaulting police officers several times to interfere with the performance of official duties, is not good, but the Defendant appears to have been in a very unstable state in mental conditions at the time of committing the crime, such as that the Defendant was an initial offender who had no criminal record, and was hospitalized for a long time at a mental department or hospital due to rashy disorder, alcohol ozone, etc.

In full view of these circumstances, the defendant's age, character and conduct, intelligence and environment, relationship to victims, motive, means and consequence of the crime, circumstances after the crime, etc., the sentence of the court below is too unreasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are as stated in each corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Articles 314(1) and 30 of the Criminal Act concerning criminal facts, Articles 136(1) and 30 of the Criminal Act, Articles 136(1) and 30 of the Criminal Act, Article 141(1) of the Criminal Act, the selection of fines for negligence;

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (the punishment prescribed for the crimes of obstruction of performance of official duties among each of the crimes referred to in paragraph (3) at the time of display, and the punishment for the crimes of obstruction of official duties against the heaviest J);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 and 69(2) of the former Criminal Act (amended by Act No. 12575, May 14, 2014).

1. It is so ordered as to comprehensively consider the conditions of sentencing prior to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act.