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(영문) 서울서부지방법원 2014.08.28 2014노575
공무집행방해
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 5,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (two months of imprisonment, two years of suspended execution, and one hundred and twenty hours of community service) is unreasonable.

B. The prosecutor’s sentence of the lower court is unreasonable as it is unhutiled.

2. Before examining the allegation of unfair sentencing by both parties to the judgment, the instant crime ought to be strictly punished by the Defendant on the ground that under the influence of alcohol, a police officer issued a notice for the payment of a penalty, on the ground that the police officer took a bath to the police officer, and the nature of the crime was not somewhat weak, and that there was a record of having been punished several times for the same crime.

However, the Defendant has been led to the confession of the crime and the depth of the Defendant, and the Defendant has been detained in the instant case and has been detained for not less than one month, and the Defendant would not repeat the same mistake again. The Defendant submitted a written application to the police officer who was victimized by the instant crime to have the Defendant use the Defendant and seek the Defendant, and the degree of contingent and assault is not severe. In light of all the circumstances of the instant crime, the lower court’s punishment is unreasonable by taking into account the following factors: (a) the background and means of the instant crime; (b) the circumstances after the commission of the crime; (c) the Defendant’s occupation, career, and environment; and (d) the amount of punishment specified in the record and pleading, including

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is with merit, and the following decision is rendered after pleading

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below, and thus, it is quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 136 (1) of the Criminal Act concerning the facts constituting an offense and Article 136 (1) of the Selection of Punishment;

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

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