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(영문) 서울북부지방법원 2015.06.04 2015노168
공무집행방해
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of five million won.

The above fine shall not be paid by the defendant.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the punishment sentenced by the court below to the defendant (one year of suspended sentence for six months of imprisonment) is too unreasonable.

2. Although the judgment of the court below is a crime that undermines the function of the State by nullifying the legitimate exercise of public authority, it is necessary to strictly punish the defendant. However, the defendant's punishment imposed by the court below is somewhat inappropriate in light of the following circumstances: (a) the defendant was a first offender who has no record of crime; (b) the defendant was found to have committed the instant crime under the influence of alcohol; and (c) the degree of assault committed by the police officer is presumed not to be serious; and (d) the degree of assault committed by the defendant was presumed not to have been serious; and (e) other various circumstances that are conditions for sentencing indicated in the records, such as the motive and background leading up to the instant crime; (b) the circumstances before and after the instant crime; (c) the defendant's age, character and conduct, occupation, occupation, and family relationship

3. The judgment below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is well-grounded, and the following decision is rendered after pleading.

Criminal facts

The summary of the facts constituting a crime and evidence acknowledged by this court is as follows. The summary of the judgment of the court below is as follows: (a) the facts constituting a crime and the summary of the evidence are as follows; (b) the facts constituting a crime of September 16, 2014; (c) the “F” of the first sentence is as “H”; and (d) the facts constituting a crime of September 6, 2014; (c) the “F” of the third sentence is as “H”; and (d) the gist of evidence is as stated in the judgment of the court below in the corresponding column of the court below; and

Application of Statutes

1. Relevant Article 136 (1) of the Criminal Act concerning criminal facts, the choice of fines, and the choice of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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