(영문) 서울서부지방법원 2015.05.28 2014노1817

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(영문) 서울서부지방법원 2015.05.28 2014노1817

공무집행방해

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The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 8,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. The sentence imposed by the court below (one year of imprisonment with prison labor for six months and one year of suspended execution) is too unreasonable.

2. The crime of obstruction of the performance of official duties is a crime that undermines the function of the State by nullifying a legitimate exercise of public authority, and there is a need to strictly punish the defendant. Despite the same public official, the defendant, who is a public official, takes a bath for the police officer dispatched to the scene by breathing him/her, and attempted to breathbbbbing him/her, etc. In short, the applicable law or crime is not good, and the defendant has been punished six times for the same violent crime, and the two times among them is a crime of obstruction of the performance of official duties, which is disadvantageous to the defendant.

However, the defendant recognized the crime of this case and served for the country, such as for a long time as fire fighting officers and receiving several commendation, etc., there is no criminal record subject to the punishment heavier than the suspension of execution, the defendant has been taking part in alcohol addiction-related education and gold program at the Gangnam-gu Integrated Support Center for Addiction Management of Seongbuk-gu after this case, and has been working for the defendant to stop drinking, such as consultation with his spirit, and the defendant has committed the crime of this case by contingency, and it is difficult to see that the defendant has committed the crime of this case, and the degree of damage caused thereby is too serious, and the defendant deposited 1 million won as damages for the police G, and additionally deposited 100,000 won as damages for the police. The defendant supports the mother and his children, his family members, Dong members, as well as his family members, and the head of the restaurant business that caused the occurrence of this case, and the defendant's last 10 years prior to the criminal punishment of this case has been favorable to the defendant.

In addition, the motive and background leading to the instant crime, the circumstances after the instant crime, and the Defendant.

유사 판례

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-제주지방법원 2013.01.31 2012노534

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