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(영문) 서울중앙지방법원 2021.01.28 2020노1219
공무집행방해
Text

The judgment of the court below is reversed.

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

The above fine shall not be paid by the defendant.

Reasons

1. The decision of the court below against the defendant on the summary of the grounds for appeal (unfair sentencing) is too unreasonable.

2. The fact that the Defendant’s perception that the police officer, who is performing official duties, takes a bath, and uses assault, etc., is disadvantageous to the Defendant.

However, the fact that the defendant reflects his mistake, and that the defendant has no criminal history exceeding the fine, etc. are favorable to the defendant.

Considering the above circumstances and other sentencing conditions as seen in the records and arguments of the instant case, such as the Defendant’s age, sexual conduct, environment, the background of the instant crime, and circumstances after the instant crime, the lower court’s punishment is too unreasonable.

Therefore, the defendant's argument is justified.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit, and the judgment below is ruled again after pleading as follows.

【Grounds for a new judgment】 The facts constituting an offense and summary of evidence recognized by the court are identical to the facts constituting an offense and summary of evidence, and the gist of evidence are identical to the facts in each corresponding column of the judgment below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure

Application of Statutes

1. Article 136 (1) of the Criminal Act applicable to the relevant criminal facts and Article 136 of the choice of punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The grounds for reversal prior to the sentencing of Article 334(1) of the Criminal Procedure Act were considered in light of all the circumstances.

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