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(영문) 창원지방법원 2015.05.07 2015노28
공무집행방해
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, for one year from the date this judgment becomes final and conclusive.

Reasons

1. The defendant asserts that the summary of the grounds for appeal is unfair because the punishment (one year of suspended execution in six months of imprisonment, one year of social service, and eight hours of imprisonment) declared by the court below is too unreasonable.

2. The fact that there is a need for strict punishment of obstruction of performance of official duties in order to protect the legitimate performance of official duties of the judgment state and to establish a sound social order is disadvantageous to the defendant.

However, considering the following circumstances: (a) the Defendant recognized the mistake of the Defendant; (b) there has been no history of criminal punishment until now; (c) the degree of violence is relatively minor; and (d) the Defendant, a new citizen, entered the Republic of Korea on early 2014 and appeared to have been somewhat difficult to adapt to the life of Korea; and (c) the Defendant’s wife is expected to have given birth to the Defendant on June 2015, considering the favorable circumstances favorable to the Defendant; and (d) the Defendant’s age, character, character, occupation and environment, occupation and environment, family relationship; and (e) the background and consequence of the instant crime; and (e) the circumstances after the crime, etc., the sentence imposed by the lower court is unreasonable.

3. Since the appeal by the defendant 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 again.

[Discied Judgment] Facts constituting an offense and summary of evidence recognized by the court, and summary of evidence are as stated in the corresponding column of the judgment below.

(Article 369 of the Criminal Procedure Act). Application of law

1. Article 136 (1) of the Criminal Act concerning the crime concerned;

2. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (Mutual Crimes of Obstruction of Performance of Official Duties)

3. Selection of sentence of alternative imprisonment;

4. Suspension of execution under Article 62 (1) of the Criminal Act ( normal consideration of favorable reasons for reversal of the above judgment);

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