logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울동부지방법원 2015.07.29 2015노722
공무집행방해
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 7,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for four months) of the lower court against the Defendant is too unreasonable.

2. Determination of the instant crime is recognized that the instant crime caused a riot, such as taking a bath to police officers at a time within the police box, and exercising violence, and that the nature of the crime is not weak.

However, in full view of the following circumstances: (a) the Defendant, who was a primary offender, was committing a crime in the first instance trial and was committing a crime for a period of two months; (b) the Defendant was living in custody for a period of two months; (c) all police officers suffering from the obstruction of performance of official duties; (d) the Defendant was working in good faith for 20 years as an employee of an urban railway corporation; and (e) the social relationship is obvious; and (e) other circumstances that are conditions for sentencing, such as the Defendant’s age, environment, and family relationship, the sentence of the lower court is too unreasonable.

3. As such, 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 following judgment is rendered again.

[Discied Judgment] The criminal facts as stated by the court and the summary of the evidence are the same as that stated in each corresponding column of the judgment below. Thus, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant laws and Articles 136 (1) of the Criminal Act concerning facts constituting an offense.

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

arrow