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(영문) 의정부지방법원 2016.06.10 2016노941
특정범죄가중처벌등에관한법률위반(운전자폭행등)등
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of 16,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. The main point of the grounds for appeal is that the sentence imposed by the court below (six months of imprisonment) is too unreasonable.

2. We examine the reasoning of appeal. Each of the crimes of this case committed by the Defendant is very heavy in light of the contents and methods of the crime, and there is a need to strictly punish a crime of obstructing the performance of official duties in order to protect the legitimate performance of official duties of the State and to establish a sound social order. Not only has been punished several times due to the same kind of crime but also there is a high possibility of criticism, such as committing the crime of this case without being able to do so during the suspended execution period due to the same kind of crime, etc., which is disadvantageous to the Defendant

However, the defendant recognized all the facts of the crime of this case, and was detained for not less than five months in this case, and seems to have sufficiently impaired the seriousness of punishment due to violence-related crimes and obstruction of performance of official duties. It was agreed with victim D. It was agreed that 300,000 won was deposited for the victim police officer, additional 200,000 won was deposited in the court below, there was a family member and a person who is a dependent of the defendant, and his family member want the defendant's wife. If this decision becomes final and conclusive, the defendant's age, sex, intelligence and environment, motive, means and consequence of the crime of this case, criminal records, family relations, economic circumstances, etc., and the defendant's punishment should be returned together until eight months since the previous suspension of execution was invalidated and postponed, and other general amounts of punishment in the same and similar cases, and the defendant's age, sex, intelligence and environment, the motive and consequence of the crime of this case, the defendant's previous criminal records, and the defendant's economic circumstances were justified.

3.

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