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(영문) 광주지방법원 2014.03.06 2013노2565
공무집행방해등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

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

Reasons

1. The punishment of the court below (two months of imprisonment, two years of suspended execution, two years of probation, community service, 80 hours of imprisonment) is too unreasonable when considering various circumstances against the defendant in light of the summary of the grounds for appeal.

2. The instant case pertains to the use of violence against another police officer who seeks to restrain a criminal defendant’s act and return home to the police station by asserting that the police officer was involved in the instant traffic accident and drinking alcohol, and found the police station to have the police officer in charge of the instant case, and thus, it is necessary to strictly see that such act constitutes a crime undermining the authority of the public authority and hindering the establishment of legal order.

However, in full view of the following facts: (a) the Defendant: (b) judged that the Defendant was the victim of a traffic accident by being investigated as the perpetrator, etc.; and (c) determined that it was unfair to handle the traffic accident by the police officer; and (b) there are some other circumstances to consider the circumstances leading to the instant case; (c) the Defendant’s suspicion of violating the Act on Special Cases Concerning the Settlement of Traffic Accidents seems to have been issued a disposition of non-prosecution later; (d) the Defendant is the age of 68 years old; (e) the Defendant is under the right kne kne sne sne sne snes due to the said traffic accident; and (e) the health condition is not good to the extent that it is difficult to implement the community service order; and (e) the Defendant

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is with merit, and the following judgment is rendered again after pleading.

Criminal facts

The summary of the evidence and the facts charged by the defendant and the summary of the evidence recognized by the court are the same as the corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

The application of legislation;

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