beta
(영문) 서울북부지방법원 2014.10.30 2014노1116

공무집행방해등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment with prison labor for a year and a fine of KRW 500,000.

The above fine shall be imposed on the defendant.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below on the defendant (one year and six months of imprisonment and a fine of six hundred thousand won) is too unreasonable.

2. In light of the motive and background leading up to each of the instant crimes, the circumstances before and after the instant crimes, the Defendant’s age, character and conduct, occupation, and family relationship, even though the Defendant had already been punished for the same kind of crimes, and the Defendant was found to have committed each of the instant crimes during the repeated crime period, but the Defendant was found to have committed a false offense, and thus, he was in depth and reflected to the Defendant, and the Defendant is deemed to have faithfully treated alcohol existence, etc. after being released; the Defendant’s injury, etc. was presumed not to have occurred; and other various circumstances that form the conditions for sentencing as indicated in the records, such as the motive and background leading up to each of the instant crimes, the Defendant’s age, character and conduct, occupation, occupation

3. The judgment below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is well-grounded, and the following decision is rendered after pleading.

Criminal facts

The summary of the facts constituting an offense and evidence acknowledged by this court is as follows: (a) the summary of the evidence of the judgment of the court below is the same as the corresponding column of the judgment of the court below, in addition to the fact that “F’s statement” of “2014 Highest 891” is deemed as “written statement of the police statement against F” in the summary of the evidence of the court below; and (b) thus,

Application of Statutes

1. Relevant provisions of the Criminal Act and Article 136(1) of the Criminal Act (the point of obstructing performance of official duties, the choice of imprisonment), Article 314(1) of the Criminal Act, Article 260(1) of the Criminal Act, Article 366 of the Criminal Act, Article 366 of the Criminal Act and Article 3(3)1 of the Punishment of Minor Offenses Act (the point of obstructing performance of official duties, the choice of imprisonment), Article 36(3) of the Punishment of Minor Offenses Act (the point of obstructing the performance of official duties, the selection of imprisonment), the selection

1. Article 35 of the Criminal Act among repeated crimes;

1. The former part of Article 37 of the Criminal Code among concurrent crimes.