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(영문) 의정부지방법원 2018.05.28 2018노788

공무집행방해등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, the above punishment for a period of two years from the date this judgment became final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. At the time of committing the instant crime, the Defendant, who was physically and mentally weak, was under the influence of alcohol.

The argument is asserted.

B. The Defendant asserts that the punishment sentenced by the lower court (six months of imprisonment) is too large and unfair.

2. According to the record of determination on the assertion of mental and physical weakness, although the defendant was found to have alcohol at the time of the crime of this case, in light of the background and method leading up to the crime of this case, the statement and behavior of the defendant before and after the crime of this case, etc., the defendant had weak ability to discern things or make decisions due to the above disability at the time of the crime of this case.

Since the defendant's mental and physical weakness are not visible, it is not accepted.

3. The instant crime of determining the illegality of sentencing is acknowledged as follows: (a) the Defendant was arrested as a person suspected of assaulting his age club employees and was transferred to the police; (b) obstructed the police officer’s legitimate performance of duties; (c) obstructed the police officer’s legitimate performance of duties; and (d) destroyed the computer monitor used by the police officer; (b) the method of the crime was likely to cause serious damage to the police officer; and (c) the value of the damaged public object was not small; and (d) the Defendant had a history of having been punished by a fine of KRW 3 million due to the obstruction of performing the same kind of official duties in around 2014.

However, it seems that the defendant recognized most of the defendant's mistake and reflects his depth in the life of detention for about five months, the defendant's wife was replaced with a new computer monitor that damaged the defendant's wife, deposited 2 million won for the damaged police officer in the trial, the defendant's family members and his/her branch want the defendant's wife, and the fact that the defendant's family members are supporting the defendant's family members, etc. are considered as favorable to the defendant, and the defendant's age, sex, environment, etc. is taken into consideration.