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(영문) 수원지방법원 2015.02.12 2015노130
공무집행방해
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

[Judgment on the Grounds for Appeal] Summary of the Grounds for Appeal (compactingly unfair) Sentencing of the lower court (compacting eight months of imprisonment) is too unreasonable.

In light of the contents, motive, etc. of the crime of this case, there is no good quality of the crime, and the defendant has many criminal records including being punished by a fine for obstruction of performance of official duties once, and is disadvantageous to the defendant.

However, considering the degree of interference with the performance of official duties or the degree of assault against police officers F, and the fact that F does not have any particular injury, the fact that the defendant deposited F as a depositer in the court room, the fact that it is erroneous that F deposited more than one million won in the court room, the defendant recognized the mistake, the fact that the case has the time of self-esteem while living in custody near 2 months, and all other circumstances that are the conditions for the sentencing specified in this case, the sentencing of the court below is too unreasonable.

Thus, the defendant's appeal is justified. Thus, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal is again decided as follows.

[Grounds for the judgment] The facts constituting an offense and summary of evidence recognized by the court are identical to the facts constituting an offense and summary of evidence, and thus, the gist of evidence is identical to each corresponding column of the judgment of the court below. Thus, it is acceptable in accordance with Article 3

Application of Statutes

1. Relevant Article 136 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Suspension of execution under Article 62 (1) of the Criminal Act ( normal consideration in favor of the defendant in the ground for reversal);

1. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc. of Social Service Orders;

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