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(영문) 광주지방법원 2016.04.14 2015노3487
업무방해등
Text

The judgment below

The guilty portion shall be reversed.

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (eight months of imprisonment) is too unreasonable.

2. The following determination is an unfavorable circumstance to the Defendant.

The accused often has the same criminal records as violence, obstruction of performance of official duties, and obstruction of duties.

Each of the crimes of this case was committed during the period of repeated crime.

The defendant, upon drinking alcohol, is aware that he/she has committed an act to frighten another person while drinking alcohol or taking a bath, does so well and drink again, and is responsible for each of the crimes of this case.

On the other hand, the following conditions are favorable.

The defendant agreed with the victim D and E in the court below, and the victim does not want to be punished against the defendant by mutual consent with N and the victim police officer in the trial.

In addition, the crimes of this case, including the circumstances following the crimes, circumstances after the crimes of this case, the defendant's age, sexual conduct, environment, and various kinds of sentencing conditions as shown in the arguments of this case, and the first type of crimes (Obstruction of Duties) under the sentencing guidelines of the Sentencing Committee (referring to imprisonment for six months to two months), are the basic areas of imprisonment for six months and one year and six months, and the second type of crimes (Interference with Duties) are the mitigated area [including serious efforts to recover damage]. One month to eight months and the mitigated area of imprisonment for one (including serious efforts to prevent damage), the mitigated area of assault [in cases where the degree of punishment is minor, the punishment is not imposed, and the same kind of repeated crime is committed)] under the mitigated scope of imprisonment for one month or more, the second class of crimes (including interference with Duties] under the mitigated scope of imprisonment for one year or more, and the second class of crimes (Interference with Duties]. Thus, the court below's assertion that the punishment is too aggravated for six months to six months or more, the last sentence of imprisonment for one year or more.

3. In conclusion, the defendant's appeal is with merit, and the part of the judgment below's conviction is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal is again decided as follows.

Criminal facts

b) the evidence;

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