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(영문) 창원지방법원 2014.09.03 2014노1548
공무집행방해
Text

1. The judgment below is reversed.

2. Defendant shall be punished by a fine of KRW 5,000,000.

3. The above fine shall be imposed on the defendant.

Reasons

1. The gist of the grounds for appeal is that of the lower court’s punishment (six months of imprisonment) excessively unreasonable.

2. The crime of this case was committed by the defendant on the new wall, and the police officer F and H, who called the defendant after receiving a report on the disturbance at the restaurant, recommended the defendant to return home, and the defendant took a bath to the above police officers, received the chests of the above police officers, and interfere with the performance of official duties by displaying drinking, etc., and there is a disadvantage to the defendant, such as the fact that the defendant had been punished for the crime of injury in the past.

However, the court below recognized that the defendant recognized all of the crimes of this case and against it, the defendant deposited KRW 200,000 for F and H as the victim police officer at the court below, and agreed with the police officer who was the victim at the time of the trial. The police officer at the court below acknowledged the favorable circumstances such as the withdrawal of the defendant's complaint against the defendant and sought the defendant's wife. The police officer at the time when the defendant was detained for more than two months, the time during which the defendant was detained, and the defendant did not have any criminal record subject to suspension of qualification or heavier punishment. Considering all of the sentencing conditions of this case including the defendant's age, character and conduct, motive leading to the crime of this case, and circumstances after the crime, the court below's punishment is somewhat unreasonable.

Therefore, the defendant's assertion of unfair sentencing is justified.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.

Criminal facts

The summary of facts and evidence acknowledged by this court is identical to the corresponding column of the judgment of the court below, except that the facts constituting the crime of the court below and the summary of the evidence are the same as that of the corresponding column of the court below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Each relevant Article of the Act concerning criminal facts;

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