logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2018.12.21 2018노96
공무집행방해
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 4,000,000.

A fine shall not be paid by the defendant.

Reasons

1. The sentence imposed by the court below on the summary of the reasons for appeal (the imprisonment of eight months and the suspension of execution of two years) is too unreasonable.

2. In light of the fact that the crime of this case was committed by the Defendant with the face of a police officer dispatched after receiving a report by 112 using the back head of the Defendant, and that it is not good to the nature of the crime, and that the Defendant attempted to assault police officers after committing the crime, etc., the need to punish the Defendant significantly.

However, in light of all the sentencing conditions indicated in the records of this case and the change theory, including the fact that the defendant's mistake is divided and contradictory to the defendant, that the damaged police officer wanted the defendant's wife by receiving a letter from the damaged police officer, and that the defendant's friendship at the time was unable to resist the house entrance and door glass among the dispute between the defendant and the defendant, and the police officer called the two people's fighting after receiving 112 report, and the police officer called the two people's fighting. While under the influence of alcohol, there is room for somewhat consideration in the course of the crime that the defendant, who was unfasible, uses contingent violence to the police officer in the course of committing violence against his her her son, and there is no record of punishment in Korea, and thus, the sentence imposed by the court below is unfair. Thus, the defendant's assertion 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, and the judgment below is ruled again after pleading as follows.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the description of each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 136 of the Criminal Act applicable to the crime, Article 136 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. The Criminal Act to attract a workhouse;

arrow