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(영문) 의정부지방법원 2016.07.15 2016노1233
공무집행방해등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

However, the above punishment for a period of two years from the date this judgment became final and conclusive.

Reasons

1. The summary of the grounds for appeal is unreasonable because the sentence imposed by the court below on the defendant (eight months of imprisonment) is too unreasonable.

2. We examine the reasoning of appeal. Each of the crimes of this case committed by the Defendant is not less than the nature of the crime in light of the content and method of the crime, and there is a need to strictly punish the crime of obstructing the performance of official duties in order to protect the State’s legitimate performance of official duties and to establish a sound social order. The alcohol concentration in blood is considerably higher than 0.164%, and there is the history of punishment for the same kind of crime, etc., which are disadvantageous to the Defendant.

On the other hand, however, the defendant recognized all the facts of the crime of this case, which reflects his mistake in depth, and seems to have sufficiently impaired the seriousness of punishment for the crime of interference with the performance of official duties and the crime of drinking, which was detained for about two months in this case, and deposited one million won for the damaged police officer in the trial, the defendant's family members and branch members want to have the defendant's wife, and there is no record of criminal punishment exceeding the fine except for those punished twice due to the crime of drinking, and there is no record of criminal punishment for the same and similar cases, the balance of general punishment in the same and similar cases, and the defendant's age, sex, intelligence and environment, the motive, circumstance, means and consequence of the crime of this case, the circumstances, criminal records, family relations, and economic circumstances, etc., it is recognized that the sentence of this case is somewhat inappropriate to maintain it as it is, and therefore, the defendant's assertion is justified.

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 Court shall have jurisdiction over the summary of the evidence and evidence.

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