(영문) 춘천지방법원 2021.01.27 2020노322 | 리걸엔진

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크기(pt)

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자간(%)

(영문) 춘천지방법원 2021.01.27 2020노322

재물손괴등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

However, the period of two years from the date this judgment becomes final and conclusive.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (7 million won in penalty) is too unhued and unreasonable.

2. The Defendant recognized all of the instant crimes, and agreed with the said D, and deposited KRW 2,00,000,000 as criminal agreement, which is a public official who is the other party to the obstruction of the performance of official duties, as the person who was the principal of the public official.

However, on August 22, 2016, the Defendant committed each of the instant offenses even though he/she was punished by a fine on February 13, 2018, which was sentenced to a suspended sentence of three years on May 26, 2017, when he/she was sentenced to a suspended sentence of three years due to obstruction of business and assault in the original branch of the Chuncheon District Court on August 22, 2016. The Defendant committed each of the instant offenses. The Defendant had the record of criminal punishment on 12 occasions by committing violent acts, such as assault, bodily injury and damage, and damage, and there were two times the records of punishment as “intercing the performance of official duties.” If the Defendant repeatedly repeatedly prevents the same type of crimes regardless of criminal punishment, the risk of repeating the instant offense is significant, and thus, the Defendant is liable for the police officer with heavy liability, according to the circumstances, such as the motive and condition of the Defendant’s act, and the background of the Defendant’s act of damaging the environment after being demanded to observe the lower court.

3. Since the appeal by the prosecutor of the conclusion is well-grounded, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the appeal by the prosecutor is again decided as follows.

[Grounds for a new judgment] Summary of facts constituting an offense and evidence recognized by this court is the judgment of the court below.

유사 판례

-대전지방법원 천안지원 2017.08.10 2017고정329

-서울남부지방법원 2018.05.31 2018노538

-부산지방법원 2018.06.15 2018고단1039

-창원지방법원 2017.11.30 2017노2626

-부산지방법원 동부지원 2017.10.11 2017고단1554