logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2017.01.24 2016노8308
특수공무집행방해
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

The defendant is entitled to a seizure of one telecom from the defendant.

Reasons

1. In light of the purport of the grounds for appeal by the defendant and his defense counsel (unfair sentencing) and the fact that the defendant recognized a mistake and reflected it, the defendant committed the crime of this case by contingency under the influence of alcohol, and the defendant supported the defendant's over-the-day situation without good health care and without good health, it is unfair that the court below's sentence that sentenced the imprisonment for 10 months and forfeiture is too unreasonable.

2. The judgment recognizes the defendant's mistake and reflects the fact that the defendant's mistake, the public official who maintains illegal old occupation while under the influence of alcohol led to a public official over the illegal old occupation, and there was no physical contact, the defendant was knee due to traffic accident, and he was not good in health conditions due to fiber evidence, etc., the defendant was sentenced to six months of imprisonment due to interference with the execution of official duties, etc. on September 29, 2006, but was relatively long long, considering the motive and circumstance of the crime in this case, circumstances before and after the crime in this case, degree of damage, and other various matters stipulated in Article 51 of the Criminal Act, which are conditions for sentencing, such as the defendant's character, behavior, environment, etc. as shown in the records and arguments in this case, the above assertion has merit.

3. As the appeal by the defendant is well-grounded, the judgment below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the judgment below is ruled again after pleading as follows.

Criminal facts

The summary of the criminal facts and evidence of the defendant are the same as the entries in each corresponding column of the judgment of the court below, and thus all of them are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant legal provisions of the Criminal Act, Articles 144(1) and 136(1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

arrow