beta
(영문) 의정부지방법원 2015.09.11 2015노561

특수공무집행방해

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

Summary of Grounds for Appeal

Punishments (three million won of fine) imposed on the defendant by the court below are excessively unreasonable.

Judgment

In light of the contents and methods of the crime by taking dangerous articles and committing the crime of this case, etc., the crime of this case is not weak in light of the substance and method of the crime, and the suspension of indictment was imposed on the charge of interference with business operations around 2013, and the defendant was placed under suspicion of non-compliance with the eviction and obstruction of business, and without being aware of the fact that the defendant committed another crime of this case without being aware of the fact that he committed another crime of this case without being aware of the fact that he committed the crime of this case.

However, in light of the following: (a) the Defendant made a statement that he/she made a confession of the crime of this case and reflects the Defendant’s depth of his/her mistake; (b) the Defendant agreed with the Korean Land and Housing Corporation as the actual victim of this case; (c) voluntary withdrawal from the housing of this case; (d) the economic situation is not sufficient; and (e) the risk of gas accidents seems to have been faithfully living without any specific punishment power; (b) the risk of gas accidents was not realized; and (c) there was no substantial damage; (d) balance with the general sentencing in the same or similar case; and (e) balance with the sentencing of the Defendant’s age, character and conduct, intelligence and environment; (e) the motive, background, means and consequence of the crime of this case; (e) circumstances after the crime of this case, criminal records, family relations, health conditions, etc., it is unreasonable to maintain the sentence as it is, and thus, the Defendant’s assertion is reasonable.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and the judgment below is ruled as follows.

Criminal facts

The summary of the facts constituting the offense and the evidence recognized by this court shall be recorded in the corresponding column of the original judgment.