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(영문) 의정부지방법원 2016.07.01 2016노950

공무집행방해등

Text

The judgment of the court below is reversed.

The defendant interfered with the execution of official duties as stated in the judgment of the court below, and the victim Grandn corporation.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the lower court on the Defendant (a crime of interference with the performance of official duties as indicated in the lower judgment; a crime of fraud against the victim Grandn Co., Ltd.: imprisonment with prison labor for six months; and each crime of fraud against the victim D as indicated in the lower judgment: fine of ten million won) is too unreasonable

2. The crime of this part of the judgment of the court below as to the reason for appeal on the part of the crime of fraud against the victim Grandn Co., Ltd. is an unfavorable circumstance against the defendant, such as the following: (a) the defendant assaulted a police officer in the course of performing official duties to interfere with the execution of duties; and (b) by deceiving the damaged company, the crime is not good in light of the content, method, etc.; (c) the defendant is not aware of the fact that he was under suspension of execution due to a special obstruction of performance of official duties; (d) the defendant is likely to be subject to criticism without being aware of the fact that he did not agree with the victimized police officer; and (e) there was

However, in full view of various circumstances, including the fact that the defendant has been fully aware of the crime in this part, the fact that the defendant does not repeat the crime, the fact that the police officer who was assaulted did not have any excessive degree of assault, etc., and that the victim police officer deposited KRW 1 million for the victim police officer in the trial, the victim company of the crime of fraud, the fact that the defendant agreed to have been living in custody for more than five months, the defendant's family members and prisons, and the fact that the defendant submitted a written application to the effect that he appeals against the defendant against the defendant, and the defendant's age, sex behavior, environment, background, method of the crime, circumstances after the crime, and criminal records, etc., the punishment against the defendant in this part of the crime is unreasonable.

3. Each part of the crime of fraud against the victim D as stated in the judgment below.