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(영문) 부산지방법원 2016.07.07 2016노1403
공무집행방해등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Reasons

1. The 8-month imprisonment sentenced by the original court on the summary of the grounds for appeal is too unreasonable.

2. The lower court’s determination is clear that the Defendant committed the instant crime during the period of repeated crime by a criminal record, such as the crime of extortion, etc. as indicated in the lower judgment, which caused considerable harm to the police’s function of maintaining public order and security, and that the Defendant committed the instant crime during the period of repeated crime by a criminal record, such as the crime of extortion, etc. as indicated in the lower judgment, should be considered as important in the instant sentencing.

However, the circumstances such as the defendant's attitude to recognize and reflect the defendant's mistake, the fact that the defendant deposited KRW 300,000 in the court below in the future of the victimized police officer, KRW 1.7 million in the court below, and the defendant did not have any record of punishment for the same kind of crime as the obstruction of the performance of official duties, and that the defendant may be b3 years old young people, should also be considered in the sentencing of this case as favorable to the defendant.

In light of the above circumstances and other circumstances such as the character and conduct of the defendant, the environment, the history of the crime, the circumstances of the crime, and the circumstances after the crime, the punishment sentenced by the court below is too heavy.

The decision is judged.

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

Criminal facts

The summary of facts and evidence recognized by the court is the same as that of the corresponding part 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 in relation to the facts constituting an offense (this shall interfere with the performance of official duties);

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