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(영문) 수원지방법원 2019.05.01 2018노6304
공무집행방해
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 8,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (six months of imprisonment, two years of suspended execution, and 80 hours of community service) is too unreasonable;

2. The instant crime is a case that interferes with the legitimate performance of official duties of public officials by assaulting and threatening a police officer who performed official duties by the Defendant.

However, in light of all the sentencing conditions indicated in the arguments of this case, it is unreasonable to maintain the sentencing of the court below as it is, in light of the following: (a) the Defendant did not have any previous offense; (b) the Defendant was punished twice due to a concurrent offense; (c) the Defendant led to the confession of the offense; (d) the Defendant made his mistake in depth and does not repeat again; (c) the Defendant appeared against the victimized police officers after the commission of the offense; (d) the Defendant sought a letter of tolerance; and (e) the Defendant came to reach an agreement with the victimized police officers; and (e) if the sentence becomes final and conclusive, the registration of licensed real estate agents was revoked in accordance with the Licensed Real Estate Agents Act and deprived of means of livelihood; and (e) the Defendant was subject to the deprivation of means of livelihood; and (e) the Defendant’s age, character and behavior, the background and circumstances of the instant offense; and (e) the sentencing conditions indicated in the arguments of this case,

3. Thus, the defendant's appeal is with merit. Thus, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act and the defendant's appeal is judged as follows.

Criminal facts

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

Application of Statutes

1. Relevant Article 136 (1) of the Criminal Act concerning criminal facts, the choice of fines, and the choice of fines;

1. Articles 70 and 69 (2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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