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(영문) 의정부지방법원 2016.07.08 2016노762
공무집행방해
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 2,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. The main point of the grounds for appeal is that the sentence (4 million won in penalty) imposed by the lower court on the Defendant is excessively unreasonable.

2. Determination on the grounds of appeal, and assaulting a police officer dispatched by the defendant upon receiving a report on domestic violence, etc., in light of the content and method of the crime, etc., the crime of this case is not less than that of the crime, and there is a need to strictly punish a person who interferes with 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.

However, in light of the following: (a) the Defendant recognized the facts of the instant crime and reflects the Defendant’s mistake in depth; (b) there is a dependent on the Defendant; (c) the Defendant’s family members want to take the Defendant’s wife; and (d) there is no record of criminal punishment except for a fine imposed once due to a crime of violating the Road Traffic Act (driving Driving) around 2004; (d) the general amount of punishment in cases of the same or similar kind of cases, balance between the punishment and the Defendant’s age, sex, intelligence and environment; and (e) other circumstances that are the conditions for the instant sentencing, including the Defendant’s motive and background, means and consequence of the instant crime; (c) the circumstances after the commission of the crime; (d) criminal records; (e) criminal records; (e) family relations; and (e) economic circumstances, it is unreasonable to maintain the sentence of the Defendant as it is.

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

Criminal facts

The summary of the facts charged and the evidence admitted by this court is identical to each corresponding column of the reasoning of the judgment below, and thus, it is citing it as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 136 of the Criminal Act applicable to the facts constituting a crime and Article 136 of the Criminal Act that selects punishment;

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