(영문) 부산지방법원 2016.09.29 2016노2225 | 리걸엔진

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(영문) 부산지방법원 2016.09.29 2016노2225

공무집행방해등

Text

The judgment below

The guilty part shall be reversed.

Defendant shall be punished by a fine of KRW 7,000,000.

The above fine shall be imposed on the defendant.

Reasons

The lower court dismissed the public prosecution regarding insult among the facts charged in the instant case.

The prosecutor did not appeal against this, and only the defendant filed an appeal against the guilty portion. Since the dismissed part of the judgment of the court below becomes final and conclusive in excess of the period of appeal, the scope of the judgment of this court is limited to the convicted part of the judgment of the court below.

The punishment sentenced by the court below (two years of suspended execution, etc. for six months of imprisonment) is too unreasonable.

Judgment

In order to eliminate a rumor of the legitimate public authority and establish a legal order, it is necessary to strictly punish the crimes that interfere with the performance of official duties, such as this case, and the Defendant has been punished twice as fines for violent crimes in 198 and 2003, and the Defendant did not agree with the F in relation to the crime that interfered with the performance of official duties of this case, etc. is disadvantageous to the Defendant.

However, in light of the following circumstances: (a) the Defendant led to the confession of the instant crime; (b) the Defendant agreed with police officers E related to the instant crime interfering with the performance of official duties in the lower court; (c) the Defendant deposited certain money for police officers F; (d) the Defendant did not have been punished in excess of a fine; and (e) the Defendant was a criminal act for 12 years after being punished by a fine; and (e) other various circumstances that form the conditions for sentencing as indicated in the instant records and theories, such as the Defendant’s age, sex, environment, family relationship, means and consequence of the instant crime; and (e) the circumstances after the crime, etc.

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 reversed and it is again decided as follows

[Grounds for the new judgment] Criminal facts and the summary of evidence against the defendant recognized by the court, and the same.

유사 판례

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