(영문) 전주지방법원 2014.01.24 2013노1321 | 리걸엔진

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(영문) 전주지방법원 2014.01.24 2013노1321

공무집행방해등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months and a fine of 1,500,000 won.

The above fine shall be imposed on the defendant.

Reasons

1. Summary of grounds for appeal;

A. In light of the overall sentencing conditions of the Defendant, the sentence of the lower court (the imprisonment of eight months and fine of KRW 1,500,000) is too unreasonable.

B. In light of all the sentencing conditions of the prosecutor, the sentence of the lower court is too unfasible and unfair.

2. The instant crime of this case with the judgment on the grounds of appeal is to be strictly punished by the Defendant in light of the following: (a) the Defendant, a police officer in the Military Military Police Station, who is a police officer who seeks to arrest the Defendant, knife the victim D, who is a police officer, and knife the victim C, who is a police officer, at the same police station in the second police station; (b) the nature of the relevant crime and the criminal situation are not very good; and (c) the Defendant committed the instant crime repeatedly in the same kind of crime within the grace period, despite the fact that he had been sentenced to a suspended sentence of two years for a crime of violation of the Punishment of Violence, etc. Act in the Jeonju District Court’s military mountain support on May 29, 2013, despite the fact that the Defendant had been sentenced to a suspended sentence of two years, and was sentenced to a fine one time for the crime of injury; and (d) the Defendant did not take any measures to recover the damage of the victim

However, in full view of various sentencing conditions under Article 51 of the Criminal Act, such as the defendant's age, character and conduct, environment, motive, means and consequence of the crime, circumstance after the crime, etc., the court below's punishment is too unreasonable, and thus, the prosecutor's allegation of unfair sentencing is without merit, and the defendant's assertion of unfair sentencing is justified. The defendant's assertion of unfair sentencing is justified.

3. Accordingly, the defendant's appeal is with merit. Thus, the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and it is remanded after pleading

참조조문

-폭력행위 등 처벌에 관한 법률

-형법 제51조

-형사소송법 제364조 제6항

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