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(영문) 서울서부지방법원 2020.07.23 2020노371
폭행등
Text

The judgment below

The guilty part shall be reversed.

Defendant shall be punished by a fine of three million won.

The above fine shall be imposed on the defendant.

Reasons

1. The summary of the grounds for appeal (the suspended sentence of a fine of three million won) declared by the court below is too unhued and unreasonable.

2. The judgment of the defendant shows the attitude that the defendant recognized the crime of this case and reflects on the crime of this case, and that the first offender is the first offender, and that the degree of the used type is not much serious is favorable to the defendant.

However, the defendant's act of obstructing the police officer's performance of official duties would hinder the establishment of legal order and undermine the authority of the public authority. Considering the various circumstances, including the defendant's age, occupation, character and conduct, environment, and circumstances after the crime, which are conditions for sentencing, the court below's punishment against the defendant is too unreasonable.

The prosecutor's assertion of unfair sentencing is justified.

3. Since the appeal by the prosecutor of the conclusion is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following is ruled again

[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by the court is identical to the facts constituting the crime and summary of evidence, and thus, the summary of evidence is identical to each corresponding column of the judgment below. Thus, it is acceptable in accordance with Article 369 of the

Application of Statutes

1. Relevant Article 136 (1) of the Criminal Act concerning criminal facts, the choice of fines, and the choice of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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

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