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(영문) 의정부지방법원 2020.04.10 2019노3691
공무집행방해
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (six months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. The fact that the Defendant recognized the instant crime and reflected the mistake is favorable.

However, the crime of this case requires strict punishment as an offense that interferes with the maintenance of public order by hindering the legitimate exercise of public authority.

The Defendant, upon receipt of a report that the Defendant was fluoring a riot while taking place, committed assault and assault against the police officers, and the nature of the crime is not good. The Defendant also committed the crime, such as verbal abuse, etc., and the police officers seek strong punishment to ensure the safety of residents and to establish the public authority, and the Defendant committed the instant crime on November 11, 2017 and completed the execution of the sentence for bodily injury, and then committed the instant crime during the repeated crime period. The Defendant had records of having been punished twice for the obstruction of performance of official duties (two times of suspended sentence of imprisonment and five times of fine) and violent crimes (five times of suspended sentence of imprisonment).

In full view of these circumstances and the defendant's age, character and conduct, environment, motive, means and consequence of the crime, the conditions of sentencing as shown in the records and arguments of this case, and the sentencing guidelines recommended by the Sentencing Commission of the Supreme Court, it is deemed that the sentence of the court below is too unreasonable.

Therefore, the defendant's argument is without merit, and prosecutor's argument is with merit.

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

(3) Article 4 (1) of the Criminal Procedure Act provides that the defendant shall file an appeal against the defendant, but the court shall not dismiss the appeal against the defendant separately from the judgment of the court.

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