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(영문) 서울중앙지방법원 2019.11.21 2019노2886
공무집행방해
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of three million won.

The above fine shall not be paid by the defendant.

Reasons

1. The gist of the grounds for appeal is that the lower court’s punishment (two million won of a fine) is too unhued and unreasonable.

2. The Defendant recognized the instant crime and is against the truth.

The defendant found a police officer to receive a letter from an injured police officer, and the above police officer called the defendant's seat.

At the time of the instant case, the Defendant assaulted the taxi engineer with the taxi engineer and the taxi driver, and agreed to pay a considerable amount of money to the said taxi engineer.

The Defendant is an initial offender who has no criminal record.

However, the crime of this case was committed by a police officer who was called up by the defendant by getting on a taxi and getting on a taxi, and then was frightened to another person around the police officer. Accordingly, the police officer's face from the police vehicle was frightened by drinking the police officer's face from the police vehicle to stop the defendant, and the crime was fright to the police officer.

In addition, in full view of the defendant's age, character and conduct, environment, details of the crime, and circumstances after the crime, the sentence of the court below is deemed to be inappropriate as it is somewhat inappropriate.

3. In conclusion, the prosecutor's appeal is with merit, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.

【Reason used in multi-level] Criminal facts and summary of evidence recognized by the court and summary of the facts constituting the crime and summary of evidence are the same as stated in each corresponding column of the judgment of the court below. Thus, they are cited 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 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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

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