(영문) 창원지방법원 2016.04.20 2016노370 | 리걸엔진

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(영문) 창원지방법원 2016.04.20 2016노370

공무집행방해

Text

1. The judgment below is reversed.

2. The defendant shall be punished by imprisonment with prison labor for four months;

3. However, for a period of two years from the date this ruling becomes final and conclusive.

Reasons

1. The sentence imposed by the court below (4 months of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. The crime of this case was committed by threatening a police officer in the course of performing his duties to interfere with the legitimate performance of official duties by the police officer, and the quality of the crime was inferior; the defendant committed the crime of this case even though he had the record of having been sentenced to a suspended sentence due to the same kind of crime; the crime of this case does not seem to have been seriously endeavored to recover from damage, such as an excess to the police officer or a request for a letter, etc. after the crime of this case; and the defendant's degree of desire before and after the crime of this case is not somewhat weak.

In addition, it is necessary to strictly punish crimes that interfere with the execution of public duties in order to establish a law and order and eradicate the state of public authority.

However, there are favorable circumstances, such as the Defendant’s confession of the instant crime and the fact that the instant crime appears to have been committed by the Defendant while under the influence of alcohol, that the Defendant did not directly commit any physical assault to the victimized police officer, that is not serious damage result, that the Defendant is under detention for a considerable period of time, and his mistake is divided, and that there is a child of class 2 of the intellectual disability to support the Defendant.

In full view of the above circumstances, as well as the Defendant’s age, sex, environment, motive, means and consequence of the commission of the crime, the circumstances after the commission of the crime, etc., the sentence imposed by the lower court is too unreasonable.

Therefore, the defendant's argument of sentencing is justified.

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, and the judgment below is ruled again as follows.

Criminal facts

Criminal facts and evidence recognized by the court as the substance of such facts and evidence.

유사 판례

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