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(영문) 광주지방법원 2015.09.24 2015노1717
공무집행방해등
Text

The judgment of the court below is reversed.

The sentence against the accused shall be determined by one year and six months of imprisonment.

Reasons

Summary of Grounds for Appeal

The punishment of the court below (one year and six months of imprisonment and fine of five million won) is too unreasonable.

Judgment

The Defendant, by repeatedly finding the victim E, has committed violence or inflicting bodily injury, and threatened the victim to die with excessive string. The crime of this case is very poor in the nature of the crime, in order to establish legal order and to eradicate a light of public authority, there is a need to strictly punish the Defendant’s obstruction of performance of official duties, in order to establish legal order and to eradicate a light of the public authority, there was no agreement with the victim K, and the said victim want not to reach an agreement with the victim K, and the said victim was willing to be punished for severe punishment, and there are many criminal offenses of the same kind, including two suspended sentence, against the Defendant.

However, in light of the following factors: (a) the Defendant’s mistake was recognized at the latest, and the victim’s injury is relatively minor; and (b) the Defendant agreed with the victimized police officers in the appellate trial in addition to the agreement with the victim E in the lower court; (c) other factors of sentencing are favorable; and (d) other factors of sentencing, including the background of the instant crime, circumstances after the commission of the crime, circumstances after the commission of the crime, the Defendant’s age, character and conduct, environment, etc.; and (e) the scope of the recommended sentence according to the sentencing guidelines of the Sentencing Committee (one year and six months to three years), etc., the lower court’s punishment is deemed unfair, and thus, the Defendant’

3. Since the appeal by the defendant is well-grounded, the judgment of the court below shall be reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following decision shall be rendered after pleading.

Criminal facts

The summary of the facts constituting an offense and the gist of evidence acknowledged by this court is as stated in the relevant column of the lower judgment, except where the “1.1. Defendant’s partial statement” in the first instance judgment is used as “1.1. Defendant’s trial statement” and all of the judgment below. Thus, it is in accordance with Article 369 of the Criminal Procedure Act.

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