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(영문) 서울서부지방법원 2020.12.10 2020노1075

공무집행방해

Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of 1.5 million won.

The above fine shall not be paid by the defendant.

Reasons

Summary of Grounds for Appeal

The suspension of sentence of a fine of three million won (the suspension of sentence of a fine of three million won) declared by the court below is too unfluent.

Judgment

The defendant shows the attitude of recognizing and opposing the crime of this case, the first offender, and the fact that the damaged police officer does not want the punishment of the defendant is favorable to the defendant.

However, the defendant's act of obstructing the police officer's performance of official duties would hinder the establishment of legal order and undermine the authority of the public authority, and the defendant committed an act interfering with the police officer's duties by taking into account various circumstances, such as the defendant's age, occupation, character and behavior, environment, and circumstances after the crime, etc., which are conditions for sentencing, such as the defendant's age, occupation, character and behavior, environment, etc., even after the arrest of an offender in the act of committing an act of abusing the police officer, and thus, it is deemed that the sentence of the court below against the defendant is too unreasonable.

The prosecutor's assertion of unfair sentencing is justified.

As the prosecutor's appeal is well-grounded, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.

[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by the court is identical to the facts constituting the crime and summary of evidence, and thus, the summary of evidence is identical to each corresponding column of the judgment below. Thus, it is acceptable in accordance with Article 369 of the

Application of Statutes

1. Relevant Article 136 (1) of the Criminal Act concerning criminal facts, the choice of fines, and the choice of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;