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(영문) 의정부지방법원 2016.07.22 2016노1286
공무집행방해등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, the above punishment for a period of two years from the date this judgment became final and conclusive.

Reasons

1. The main point of the grounds for appeal is that the sentence imposed by the court below (six months of imprisonment) is too unreasonable.

2. On the grounds of appeal, each of the crimes of this case, such as the Defendant’s occurrence of a traffic accident while driving alcohol, and assaulting a police officer demanding a drinking measurement, etc., is deemed to be disadvantageous to the Defendant, in light of the content and method of the crime, etc., the crime quality is not somewhat weak in light of the crime, the State’s legitimate performance of official duties and establishment of a sound social order, and there is a need to strictly punish a crime of obstructing the performance of official duties in order to protect the State’s legitimate performance of official duties, and the blood alcohol concentration is relatively high by 0.179%, and the damaged police officer is deemed to have suffered not only bodily harm such as scarcity of a scarf, but also considerable mental pain due to the crime related to drinking and violence.

However, in light of the following: (a) the Defendant recognized all the criminal facts of this case as the Defendant committed a violation of the Defendant’s mistake in depth; (b) was detained for about four months in this case for a period of approximately four months; (c) the seriousness of the punishment for the crime obstructing driving of drinking and performing official duties; (d) deposited KRW 500,000 for the victimized police officer in the trial; (c) the Defendant’s dependents exists; and (d) the Defendant’s long-term detention may involve excessive difficulties for his dependants; (d) balance between the general punishments in the same and similar cases; and (e) other various circumstances that form the conditions for the sentencing of this case, such as the Defendant’s age, sex, behavior, intelligence and environment; (e) the motive, process, means and consequence of the instant crime; (e) the circumstances after the instant crime; (e) criminal records; and (e) family relations; and (e) the Defendant’s assertion is unreasonable, as it is somewhat unreasonable to maintain the sentence imposed by the lower court.

3. In conclusion, the defendant's appeal is justified.

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