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(영문) 창원지방법원 2020.10.22 2020노1602
공무집행방해등
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 15 million.

The above fine shall not be paid by the defendant.

Reasons

Summary of Grounds for Appeal

The punishment sentenced by the court below (one year of imprisonment) is too unreasonable.

2. The judgment defendant has committed the crime of this case, even though he had the record of punishment several times for the same crime.

The defendant was unable to receive suspicion from the victims of injury, assault, or special intimidation.

However, the Defendant recognized the instant crime and is against the Defendant.

The Defendant committed the instant crime in the course of fighting with the victims of injury, assault, or special intimidation, and the Defendant was also subject to assault by the victim H and I for about two weeks of medical treatment.

The degree of assault and intimidation by the defendant in the crime of this case is relatively minor.

Police officers who have caused obstruction of performance of official duties do not want to be punished against the defendant, but want to take the action against the defendant.

In addition, the degree of punishment for victims (H and I: each fine of one million won) and the defendant's age, character and conduct, environment, motive, content, means and consequence of the crime in this case, and all the sentencing conditions shown in the records and arguments, such as the circumstances after the crime, etc., compared to the judgment of the court below, the punishment imposed by the court below is too unreasonable.

The defendant's assertion of unfair sentencing is justified.

3. The judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by the court is identical to the description of each corresponding column of the judgment below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 136(1) of the Criminal Act and Article 257(1) of the Criminal Act concerning criminal facts, the choice of punishment, and the choice of punishment.

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