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(영문) 서울북부지방법원 2013.05.01 2013노393

공무집행방해등

Text

The judgment below

The guilty portion shall be reversed.

A defendant shall be punished by imprisonment for six months.

provided that this judgment has become final and conclusive.

Reasons

1. The sentence imposed by the court below (six months of imprisonment) is too unreasonable.

2. In light of the following circumstances: (a) the instant crime was committed by the Defendant under the influence of alcohol without any justifiable reason; (b) the police officer, upon receiving a report, has interfered with the police officer’s legitimate performance of official duties; (c) damaged the entrance door of the police station, which is a public object, even after the police station was insulting; and (d) the degree of such crime is not less than that of the Defendant’s crime; and (c) the Defendant did not reach an agreement with the rest of the victims, other than compensating for the entrance repair expenses; (d) the Defendant was under detention for more than four months due to the instant crime; (c) the Defendant was under detention for more than four months due to the instant crime; (d) the Defendant’s age, character and conduct, environment, family relationship, and other circumstances after the instant crime, etc., which are the conditions for sentencing under Article 51 of the Criminal Act as stated in the records and arguments, the sentence imposed by the lower court 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 evidence and the criminal facts of the defendant recognized by this court and the summary of the evidence are the same as the corresponding columns of the judgment of the court below, and thus, they shall be quoted by Article 369 of the Criminal Procedure Act

Application of Statutes

1. Relevant Article 136(1) of the Criminal Act for the crime concerned; Article 141(1) of the Criminal Act; Article 260(1) of the Criminal Act; Article 311 of the Criminal Act for the crime;

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (aggravated Punishment for Damaging Public Goods, which is the largest punishment, shall be the aggravated punishment);

1. Suspension of execution;