(영문) 광주지방법원 2018.05.16 2017노3593 | 리걸엔진

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(영문) 광주지방법원 2018.05.16 2017노3593

공무집행방해

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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. Summary of grounds for appeal;

A. Although the Defendant misunderstanding the facts did not take a bath or duplicating E, who is a police official, and took the face of E with his identification card, the lower court found the Defendant guilty of the facts charged in this case. In so doing, the lower court erred by misapprehending the facts.

B. The sentencing of the lower court is too unreasonable.

2. Determination

A. In light of the following circumstances acknowledged by comprehensively taking account of the evidence duly adopted and examined by the court below's judgment and the court below's judgment as to the assertion of facts, i.e., ① states consistently in the investigation agency and the court of the court below that "E has expressed to the effect that "the defendant expressed a bath to himself and has pushed the chest with an identification card", ② states in the investigation agency and the court of the court below that "the court of the court below stated that "the defendant expressed a desire to view and has a face of E with an identification card keeping the chest part of E with an identification card," ③ CCTV images are deemed partially consistent with the statements of E and F, as stated in the judgment of the court below, it can be sufficiently recognized that the defendant expressed a desire as stated in the judgment of the court below and interfere with the performance of public duties of E who are the police official by taking the face of E with an identification card of E.

B. Considering the fact that the nature of the instant crime is not good, strict punishment against the Defendant is necessary to determine whether the instant crime is committed.

However, considering the Defendant’s age, sex and environment, motive, means and consequence of the crime, and the circumstances after the crime, the lower court’s punishment is too unreasonable, since it is recognized that the Defendant’s punishment is too unreasonable, this part of the Defendant’s assertion is reasonable.

3. Thus, the defendant's appeal is reasonable, and Article 364 of the Criminal Procedure Act is applicable.

유사 판례

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