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(영문) 수원지방법원 2016.02.05 2015노7683
공무집행방해
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, the above punishment shall be imposed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (six months of imprisonment) is too unreasonable.

2. On the other hand, the defendant needs to be punished corresponding to the above because the defendant interfered with the legitimate execution of official duties by the police officer in uniform, and the degree of the crime is not less severe, and the crime is not poor.

However, in full view of the following circumstances: (a) the Defendant recognized the instant crime; (b) has an opportunity to sufficiently reflect the Defendant’s age while being detained for a certain period; (c) the Defendant has no record of criminal punishment in the Republic of Korea; and (d) the Defendant’s age, sex, sex, environment, family relationship, and circumstances after the commission of the instant crime; and (b) the Defendant’s sentence imposed by the lower court is somewhat unreasonable and unfair; and (c) the Defendant and his defense counsel’s allegation of the foregoing unfair sentencing is reasonable.

3. If so, the defendant's appeal is reasonable, the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and it is again decided after pleading as follows.

Criminal facts

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

Application of Statutes

1. Relevant Article 136 of the Criminal Act concerning the facts constituting an offense and Article 136 (1) of the Criminal Act concerning the selection of punishment;

1. Article 62 (1) of the Criminal Act on the stay of execution ( normal consideration in favor of the above);

1. Article 62-2 (1) of the Criminal Act on the community service order;

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