(영문) 대구지방법원 2017.10.20 2017노116 | 리걸엔진

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(영문) 대구지방법원 2017.10.20 2017노116

공무집행방해

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The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 7,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. The sentence imposed by the court below on the summary of the grounds for appeal (the sentence of two years of suspended execution to eight months of imprisonment, and the community service work for eight hours) is too unreasonable.

2. Each of the instant crimes committed by the Defendant, upon receiving a report of the assault, takes a bath against the victimized police officer, and is arrested and taken in a police box due to interference with the performance of official duties, etc., the crime of interference with the performance of official duties in order to establish the State’s legal order and eradicate a light of public authority, the crime of interference with the performance of official duties such as the instant case requires strict punishment, the degree of interference with the performance of official duties, and the Defendant was not taken out by the victimized police officer.

However, there are favorable circumstances, such as the Defendant’s confession of each of the crimes in this case while under the influence of alcohol and the Defendant appears to have committed each of the crimes in this case contingently while under the influence of alcohol, and the Defendant appears to have been living in good faith without the record of criminal punishment except for the juvenile protective disposition (joint injury) prior to ten years, and the Defendant deposited KRW 500,000 in order to recover damage to F by the police officer who suffered damage in the trial, and the Defendant’s family and the person who is the branch of the Defendant complained of the Defendant’s wife.

In addition to the above circumstances, considering the defendant's age, sex, environment, motive, means and consequence of the crime of this case, circumstances after the crime, criminal records, etc., all the sentencing conditions as shown in the records and arguments in this case, the sentence sentenced by the court below is somewhat inappropriate.

3. As a result, the appeal by the defendant is with merit, and the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and it is again decided as follows after pleading.

Criminal facts

The summary of the evidence is the facts charged by the court.

유사 판례

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