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(영문) 서울중앙지방법원 2016.10.27 2016노3251

특수공무집행방해등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

However, for two years from the date this judgment becomes final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the court below (the confiscation of 8 months of imprisonment, 2 years of suspended sentence, 1 years of suspended sentence) is too unreasonable.

B. The Prosecutor’s sentence is too uneased and unreasonable.

2. The judgment of the defendant recognized the crime of this case and reflects it, and the fact that the defendant is the first offender who has no record of criminal punishment is favorable to the defendant.

However, in light of the need to strictly protect the public official duty, the fact that the defendant carried dangerous objects on the ground that there is a complaint related to the notice of convening a reserve force, and used the office of the reserve forces to assault public officials in charge of the crime of this case and destroyed water, and that the crime of this case appears to have been committed relatively planned by the defendant, such as committing the crime of this case under the prior notice that the defendant would visit the above office in advance and resist the crime of this case, etc., and that the above crime of this case seems to have been committed relatively systematically. In full view of all sentencing conditions specified in the records and arguments of this case, such as the defendant's age, character and conduct, family relationship, and circumstances

The prosecutor's argument is with merit.

3. Since the appeal by the prosecutor of the conclusion is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following decision is rendered

[Discied Judgment] The criminal facts recognized by the court and the summary of the evidence are the same as the entries of each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Articles 144(1), 136(1) and 141(1) of the Criminal Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (Mutual Crimes of Obstruction of Performance of Special Duties);

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 and Article 38 of the Criminal Code to increase concurrent crimes.