(영문) 제주지방법원 2018.01.18 2017노613 | 리걸엔진

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(영문) 제주지방법원 2018.01.18 2017노613

공무집행방해등

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The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 15 million.

The above fine shall not be paid by the defendant.

Reasons

1. The sentence of the lower court (one-year imprisonment) is too unreasonable as to the gist of the grounds for appeal.

2. It is recognized that the defendant committed each of the crimes of this case during the period of suspended execution after he was sentenced to a two-year suspended sentence for a violation of the Punishment of Violences, etc. Act (Formation of Organization, etc.) on June 24, 2016.

On the other hand, the defendant recognized each of the crimes of this case and sentenced the defendant to the suspended execution (two years and three years of suspended execution) sentenced on June 24, 2016, and sentenced the defendant to the crime of violation of the Act on the Punishment of Violences, etc. (Composition of Organizations, etc.) on June 24, 2016, but the court convicted the defendant as a criminal act of violation of the Act on Punishment of Violences, etc. (Organization of Organizations, etc.) committed on June 24, 2016, but it was not limited to the defendant's participation in each of the crimes of interference with the performance of official duties of this case, and the defendant agreed with the victim of the crime of destruction of property of this case at the court below. The defendant received a letter from H and K to the victim of each of the crimes of interference with the performance of official duties of this case, and the above victim police officers did not want criminal punishment against the defendant.

The invalidation of the crime of this case is somewhat harsh in light of the content and circumstances of the crime of this case, the degree of damage, and the result of the crime.

In addition, comprehensively taking account of the Defendant’s age, sex, environment, motive and background of each of the instant crimes, means and methods, circumstances after the crime, etc., and all of the sentencing factors in the process of trial, the lower court shall be the Defendant.

참조조문

-폭력행위 등 처벌에 관한 법률

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