beta
(영문) 창원지방법원 2016.10.13 2016노2162

공무집행방해등

Text

The defendant's appeal is dismissed.

Reasons

1. Of the facts charged in the instant case, the lower court dismissed the prosecution as to the assault against the victim C and sentenced the remainder of the facts charged.

However, since only the Defendant appealed the guilty portion of the judgment below and did not appeal all the prosecutor and the Defendant with respect to the dismissal of prosecution, the dismissal of prosecution in the judgment below became final and conclusive as it is.

Therefore, only the guilty portion of the judgment of the court below is subject to the judgment of this court.

2. The decision of the court below on the summary of the grounds for appeal is too unreasonable.

3. A reasonable circumstance is that considering the following: (a) a single-speaket; (b) a defendant led to confession and reflects on the facts constituting an offense; and (c) a victim of the damage to property does not want the punishment against the defendant (However, it seems that the victim did not have been compensated for the damage); and (d) a defendant’s health or economic condition

On the other hand, in the case of the crime of violence, violence was committed on the ground that it was refused to lend one cigarette to female female victim G while living in a old room, and it was committed on the ground that it was committed. In the case of the crime of obstruction of performance of official duties, it was committed on the ground that the victim H was arrested by committing the crime of causing property damage in front of the crime and then obstructed legitimate execution of official duties by taking a bath and assault to the damaged police officer in the earth and obstructing the execution of official duties. The crime is not considered to be the circumstances of each crime, and the nature of the crime is not good. Although it appears that the defendant is a crime committed under the influence of alcohol, it seems that the same type of primary violence is repeated, including a large number of criminal punishment, the defendant has a very same record of punishment including a large number of criminal punishment. In particular, the crime of this case was committed during the period of the same repeated crime after having been sentenced to imprisonment with prison labor for six months due to obstruction of performance of official duties