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(영문) 광주지방법원 2020.05.27 2020노39
공무집행방해등
Text

The judgment below

Of the judgments of the court below, the part concerning the second and third crimes shall be reversed.

Defendant 2 and 3 as stated in the judgment of the court below.

Reasons

1. The summary of the grounds for appeal (an offence No. 1 in the original judgment: Imprisonment with prison labor for four months and a crime No. 2 and No. 3 in the original judgment: imprisonment with prison labor for one year) of the lower court is too unreasonable.

2. Determination

A. The part of the crime No. 1 in the judgment shows the form of recognizing and opposing the Defendant, and the victim does not want to punish the Defendant. The instant crime constitutes a crime of violating the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a minor under thirteen years of age) and a crime of latter concurrent crimes under Article 37 of the Criminal Act and a crime of violating the latter part of the Criminal Act.

However, under the influence of alcohol, the Defendant used the victim C, and exercised a tangible force to display the atmosphere, and the crime is not good in light of the method and content of the crime.

In addition, considering the Defendant’s age, character and conduct, environment, motive, means, consequence, etc. as shown in the records and pleadings, the sentence of the lower court is only within the reasonable scope of discretion, and it is difficult to view that it is unfair because it is too unreasonable.

Therefore, we cannot accept this part of the defendant's assertion.

B. The Defendant, in the part of the crime Nos. 2 and 3 of the judgment, interfered with the victim’s business operations four times, and committed an assault and interfered with the performance of official duties by using violent language against a police officer called out after receiving a report of a disturbance under the influence of alcohol. In light of the method, content, frequency, etc. of the crime, the crime is not good, and the Defendant committed each of the crimes of this case during the period of suspended execution of the crime.

However, the defendant shows the form of recognizing and opposing each of the crimes in this case.

The victims of the crime of interference with business did not want to be punished against the victims, and agreed with other victims of the crime of interference with business in the first instance.

The age, character and conduct, environment, motive, means, results, and the result of the crime shown in records and pleadings.

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