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(영문) 대전지방법원 2016.04.28 2015노3180
공무집행방해등
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 4,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. The summary of the reasons for appeal (unfair sentencing) is that the sentence of imprisonment of the court below (the imprisonment of eight months, the suspension of execution of two years, the observation of protection and the order to attend lectures) is too unreasonable.

2. The judgment of this case is that the defendant was under the influence of alcohol and refused to leave the scene, and that the defendant inflicted an injury upon the police officer who was dispatched after receiving a report, by walking a quito higher rank, and the nature of the crime is not good.

However, in full view of all the sentencing conditions, such as the defendant's age, sex, environment, motive, means and consequence, etc., the sentence of the court below is too unreasonable because it is too unreasonable in full view of all the sentencing conditions, such as the defendant's age, sex, environment, means and consequence, etc., and the following circumstances.

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

Criminal facts

The summary of the facts charged and the evidence admitted by the court is identical to each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 136(1) of the Criminal Act applicable to the facts constituting an offense (the point of obstructing the performance of official duties), Article 257(1) of the Criminal Act (the point of each injury), Article 319(2) and Article 319(1) of the Criminal Act (the point of refusing to withdraw);

1. Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment between the crime of injury and the crime of obstructing the performance of official duties, and the punishment prescribed for the crime of serious injury shall be imposed);

1. Selection of each alternative fine for punishment;

1. The provision of the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (the punishment and punishment against the grave G), which shall be aggravated for concurrent crimes;

1. Articles 70(1) and 69 of the Criminal Act for the Maintenance of Nowon-gu Prisons.

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