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(영문) 창원지방법원 2015.01.14 2014노2438

공무집행방해등

Text

1. The judgment below is reversed.

2. The defendant shall be punished by imprisonment for six months;

3.Provided, That for a period of two years from the date this judgment becomes final and conclusive.

Reasons

1. The sentence imposed by the court below (six months of imprisonment) is too unreasonable, due to the summary of the grounds for appeal.

2. The crime of this case was committed by the Defendant with two advertising boards owned by the victim D, insulting the victim F of the police officer called out upon receiving a report, and obstructed the police officer’s legitimate performance of official duties by assaulting the F of the above police officer, threatening the police officerJ, etc. As such, the issue is not somewhat weak, and the crime of obstructing the performance of official duties by obstructing the performance of official duties by obstructing the police officer’s legitimate performance of official duties, and the crime of obstructing the performance of official duties by impairing and impairing the legitimate public authority, etc. are disadvantageous

However, in full view of the following: (a) the Defendant recognized the instant crime and made a mistake against the victim D; (b) agreed with the victim D; (c) deposited KRW 1 million for police officer F in the trial; (d) the police officer J; and (e) the result of the application of the sentencing guidelines by the Sentencing Committee of the Supreme Court (the scope of recommendations for the obstruction of performance of official duties: between June and April); and (c) the Defendant’s age, character and conduct, environment, background, means and consequence of the instant crime; and (d) other various circumstances that are the conditions of sentencing specified in the instant records and arguments, such as the circumstances after the crime, etc., the sentence imposed by the lower court is somewhat unreasonable.

3. If so, the defendant's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the following is ruled again after pleading.

Criminal facts

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

Application of Statutes

1. Relevant Article 36 of the Criminal Act, Article 366 of the Criminal Act, Article 311 of the Criminal Act, Article 136 (1) of the Criminal Act, Article 136 (1) of the Criminal Act, the choice of imprisonment for a crime;

1. Of concurrent crimes, the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Code are the most severe punishment and punishment.