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(영문) 광주지방법원 2019.01.16 2018노3231
공무집행방해
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

Reasons

1. The sentencing of the court below is too inappropriate.

2. Considering the fact that the nature of the instant crime is not good, and that the Defendant again committed the instant crime even though he had committed several times of violence, strict punishment against the Defendant is necessary.

However, considering the following factors: (a) the Defendant’s mistake is divided; (b) the Defendant did not have any previous conviction exceeding the fine; (c) the Defendant has reached an agreement with the victimized police officer during the trial; (d) the sentencing balance with the same kind of crime; and (e) the Defendant’s age, character and conduct and environment; (e) the motive, means and consequence of the crime; and (e) the conditions of sentencing specified in the argument in the instant case, such as the circumstances after the crime, etc., the lower court’

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are identical to the facts charged and the summary of the evidence, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 136 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act;

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