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(영문) 의정부지방법원 2016.08.12 2016노1534
업무방해등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Reasons

1. The main point of the grounds for appeal is that the sentence imposed by the court below (one year and six months of imprisonment) is too unreasonable.

2. We examine the reasoning of appeal. Each of the crimes of this case, such as obstructing the performance of official duties by assaulting the Defendant, such as flashing the snow of the damaged police officer, obstructing the Defendant’s performance of duties, and destroying the victim’s property and interfering with his duties by avoiding the disturbance of the victim’s property at the restaurant operated by the victim D without any special reason, without any justifiable reason, is not against the nature of the crime in light of the content and method of the crime. There is a need to strictly punish the crime in order to protect the legitimate performance of official duties of the State and to establish a sound social order. The degree of the injury suffered by the victim J of the crime of this case is not easy, and there are records of punishment several times due to the same crime, and each of the crimes of this case is repeatedly committed during the period of repeated crime due to the violation of the Punishment of Violences, etc. Act (a group, deadly weapons, etc.).

However, in full view of the following circumstances: (a) the Defendant recognized all the facts constituting the instant crime, thereby infringing on the Defendant’s depth; (b) the victim D, the J and the Defendant agreed to the Defendant; (c) the victimized police officer of the instant crime obstructing the performance of official duties did not want the Defendant’s punishment; (d) the Defendant’s family member was relatively not healthy due to mental and physical diseases, such as physical disorder, etc.; (c) the Defendant’s family member wanted to have the Defendant’s wife; (d) balance between general punishments in the same and similar cases; and (e) the Defendant’s age, sex behavior, intelligence and environment; (e) the motive and background, means and consequence of the instant crime; (e) the circumstances after the instant crime; and (e) criminal records, family relations; and (e) other circumstances constituting the conditions for the instant sentencing, such as the Defendant’s age, sex behavior, intelligence and consequence; and (e) maintaining

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