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(영문) 수원지방법원 2020.11.26 2020노4333

특수공무집행방해

Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of 12 million won.

The above fine shall not be paid by the defendant.

Reasons

1. The summary of the grounds for appeal (ten months of imprisonment, two years of suspended execution, and one hundred and sixty hours of community service) of the lower court is too unreasonable.

2. Determination of the crime of this case is recognized that the crime of this case committed by the Defendant upon receiving a 112 report and thereby obstructing the performance of official duties by using the bread knife or threatening the police officer, and by threatening the knife knife several times, and the crime of obstructing the performance of official duties is very poor, and the responsibility for the crime is very heavy, and the crime of obstructing the performance of official duties can promote a light of the legal order and the public authority.

However, the defendant recognized the crime of this case and his mistake in depth, and the defendant seems to have caused the crime of this case by contingency while drinking and drinking alcohol in a fraudulent case related to wife (the defendant himself reported 112 under the influence of alcohol, and the police officer committed the crime of this case as he was called out). The defendant has suspended the crime by his own break and drinking knife, etc., the defendant's family and men wanting to be breath, and the defendant's last criminal record is about 15 years prior to the crime, and the defendant's age, career, character, environment, motive, means and consequence of the crime, and the circumstances after the crime, etc. are considered to be the same as the sentencing conditions in the records and arguments of this case, it is too unfair for the court below to punish the defendant.

Therefore, the defendant's assertion of unfair sentencing is justified.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

[Discied Reasons for the Judgment] Criminal facts and summary of evidence recognized by the court falls under each of the judgment below.