(영문) 창원지방법원 2014.12.10 2014노2395 | 리걸엔진

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 창원지방법원 2014.12.10 2014노2395

재물손괴등

Text

1. The judgment below is reversed.

2. The defendant shall be punished by imprisonment for six months;

3.Provided, That for a period of two years from the date this judgment becomes final and conclusive.

Reasons

1. The gist of the grounds for appeal is that of the lower court’s imprisonment with prison labor for not less than ten months, which is unreasonable.

2. The crime of this case committed by the Defendant under the influence of alcohol, thereby destroying the beer and the beer of the victim’s possession in the singing room operated by the Defendant D, and obstructed the police officer’s legitimate performance of duties by drinking the beer and the beer of the police officer G while playing at will in the earth. Thus, the crime of obstruction of performance of duties, like this case, constitutes a crime of light of legitimate public authority and thus requires strict punishment.

However, on June 15, 2001, the defendant recognized the crime of this case and goes against it, and there is no record of punishment other than a fine of 500,000 won imposed by the Busan District Court on the violation of the Punishment of Violences, etc. Act, and agreed with G as the victim D of the crime of causing property damage and obstruction of performance of official duties. D, G does not want the punishment of the defendant, the defendant is detained for about one month, and the defendant is detained for about one month, and the circumstances of all the sentencings shown in the records and arguments of this case, such as the defendant's age, character and behavior and environment, family relationship, means and result of the crime, etc., are considered, the punishment of the court below is somewhat 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.

Criminal facts

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

Application of Statutes

1. Relevant Article 136(1) of the Criminal Act for criminal facts (the point of obstruction of performance of official duties) and the Criminal Act.

참조조문

유사 판례

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