logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2014.04.25 2014노52
공무집행방해
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Reasons

1. The main point of the grounds for appeal is that the court below's imprisonment (eight months of imprisonment) is too unreasonable.

2. On June 15, 2012, in light of the fact that the Defendant had already been punished due to obstruction of performance of official duties, etc., and the Defendant released from the Busan District Court for six months of imprisonment with prison labor due to obstruction of business, etc. on June 15, 2012, again repeated the instant crime during the repeated crime period, and the circumstances leading to the instant crime and the method of the commission of the crime, etc., the sentence of sentence against the Defendant is inevitable.

However, in light of the fact that the Defendant led to the Defendant to commit the instant crime, the Defendant deposited KRW 700,000 for the victimized police officers each at the time of the trial, and other sentencing conditions indicated in the record of the instant case, such as the Defendant’s age, character and conduct, environment, motive, means and consequence of the instant crime, etc., the lower court’s punishment against the Defendant is somewhat unreasonable.

3. The decision of the court below is reversed in accordance with Article 346(6) of the Criminal Procedure Act as the defendant's appeal is reasonable, and the judgment below is reversed and it is again decided as follows.

Criminal facts

The summary of the evidence and the facts charged against the defendant recognized by the court and the summary of the evidence are the same as the corresponding columns of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 136 (1) of the Criminal Act concerning the crime concerned;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Article 35 of the Criminal Act among repeated crimes;

arrow