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(영문) 서울동부지방법원 2015.01.30 2014노1891

폭력행위등처벌에관한법률위반(집단ㆍ흉기등재물손괴등)등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

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 of imprisonment and confiscation) is too unreasonable.

2. Each of the crimes of this case committed by the defendant with a knife or dispute with a female living together, and damages clothes owned by him/her at a knife with a knife, with a police officer's shouldered after receiving a report, and cut his/her knife by telephone, and obstructed the performance of his/her duties by assaulting him/her with a police officer, etc. In light of the contents and methods of the crime, the crime of obstruction of performance of official duties is very significant in crime. Since the crime of this case is related to the safety of ordinary citizens as well as hindering the function of the state law and order by nullifying legitimate exercise of public power, it is necessary to punish the defendant with severe punishment corresponding thereto. The defendant did not receive a letter from the police officer or agreed so far, the defendant was sentenced only once to a suspended sentence of imprisonment with prison labor, but some circumstances are disadvantageous to the defendant, such as the defendant's motive and circumstance that he/she committed a crime of this case, and it appears that he/she committed a crime of this case without any inconvenience for three months.