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(영문) 광주지방법원 2014.07.23 2014노1243
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

Summary of Grounds for Appeal

The punishment of the court below (six months of imprisonment) is too unreasonable.

Judgment

Although there are many criminal convictions in the same kind of violence fine for the defendant, it is a crime during the period of suspension of execution, and it is not good for the police officer who arrested the defendant as a person who has not been sentenced to a fine, and it is not good for the crime to be committed.

However, in full view of the facts that the Defendant recognized his mistake, the exercise of tangible power is relatively minor, the fact that the Defendant’s family members agreed with the victimized police officer B, and the fact that the Defendant’s family members appear to be able to have good evidence or support base, and other various sentencing conditions specified in the argument of the instant case, such as the background of the instant crime, the circumstances after the commission of the crime, the Defendant’s age, and the character and conduct environment, the lower court’s punishment is deemed unreasonable, and thus, the Defendant’

Thus, the defendant's appeal is reasonable, and the remaining part except the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act.

Criminal facts

The summary of the facts charged and the evidence admitted by the court is the same as the corresponding column of the judgment below, and thus, they are quoted 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 62 (1) of the Criminal Act;

1. Probation, community service order or order to attend a lecture under Article 62-2 of the Criminal Act;

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