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(영문) 의정부지방법원 2018.07.23 2018노242
공무집행방해
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 8,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) is too unreasonable as the sentence (two years of suspended sentence for eight months of imprisonment and one hundred and twenty hours of community service) sentenced by the court below is too unreasonable.

2. It is recognized that the crime of obstructing the performance of official duties is a crime that has undermined legitimate exercise of public authority and needs to be punished strictly. The Defendant committed the instant crime even though he/she had the record of punishment by obstructing the performance of official duties in around 2015.

However, the Defendant recognized the Defendant’s mistake and reflects in depth, and the Defendant supported her children and her wife while serving in the military force at the present, and the Defendant was sentenced to a suspended sentence of imprisonment due to the instant case, which constitutes grounds for disqualification prescribed by the Security Services Industry Act, which may result in deprivation of the Defendant’s opportunity to recover from the Defendant and her family members, which may result in deprivation of the Defendant’s opportunity to repeat as sound social members, and the extent of the type of force the Defendant exercised by the police officers is relatively excessive, and the Defendant’s family members want to take into account the following factors: (a) the Defendant’s age, sex, environment, motive and background of the offense, means and method of the offense; and (b) the Defendant’s family members want to take the Defendant’s preference against the Defendant, which are favorable to the Defendant; and (c) the lower court determined that the sentence is unfair by taking account of various circumstances that form the conditions of the argument and the record of the instant case, including the circumstances after the crime.

3. As the appeal by the defendant is well-grounded, the judgment below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the following is ruled after pleading.

[Re-written judgment] Criminal facts and summary of evidence recognized by the court and the summary of evidence are as stated in the corresponding column of the judgment below (Article 369 of the Criminal Procedure Act). Application of the law is as stated in the applicable column of the judgment below.

1. Criminal facts;

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