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(영문) 서울서부지방법원 2014.10.16 2014노1038

공무집행방해

Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 10 million.

The above fine shall not be paid by the defendant.

Reasons

1. The summary of the reasons for appeal (six months of imprisonment) by the lower court is too unreasonable.

2. The instant crime cannot be said to be an assaulted by the Defendant, without being aware of the Defendant during the suspension period of the execution of a crime of violating the Act on the Aggravated Punishment, etc. of Specific Crimes as indicated in the holding of the lower judgment, such as launching a police officer who is performing official duties.

However, considering various conditions of sentencing, such as the defendant's age, character and conduct, intelligence and environment, motive and circumstance of the crime, etc., the punishment imposed by the court below against the defendant is too unreasonable, in light of the following: (a) the defendant's confession of the crime and his mistake is a contingent crime committed under the influence of alcohol; (b) there is no record of the same crime; and (c) there is no record of the criminal act in this case, which has already been reduced to detention houses near three months; and (d) the defendant

3. If so, the defendant's appeal is reasonable. Thus, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the judgment below is ruled as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article of the Criminal Act and Article 136 (1) of the Criminal Act concerning the selection of punishment;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;