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(영문) 인천지방법원 2016.05.20 2015노4402
공무집행방해등
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 5,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. The decision of the court below against the defendant on the summary of the grounds for appeal (unfair sentencing) is too unreasonable.

2. In light of the contents and methods of the crime of this case, although the nature of the crime of this case is not easy in light of the contents and methods of the crime of this case, the court below's punishment against the defendant is somewhat unreasonable and unfair, since the defendant's punishment against the defendant is somewhat unreasonable, since the defendant's punishment against the defendant is somewhat unreasonable, the defendant's above assertion is justified. The defendant's above assertion is justified, in light of the following circumstances: according to the rules of employment of the company currently in service, the defendant is likely to be subject to dismissal if the defendant is sentenced to imprisonment without prison labor or heavier punishment, the defendant's three-time punishment has been imposed by fine, and the defendant's three-time punishment has been imposed by fine.

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

Criminal facts

The summary of the judgment of the court below is identical to each corresponding column of the judgment of the court below, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 366 of the Criminal Act, Article 136 of the Criminal Act, Article 136 (1) of the Criminal Act (a point of obstructing the performance of official duties), and the selection of fines for a crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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