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(영문) 부산지방법원 2016.08.25 2016노2158
일반교통방해등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, the period of two years from the date this judgment becomes final and conclusive.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (six months of imprisonment) is too unreasonable.

2. The crime of this case committed by the Defendant without any special reason is an unfavorable circumstance against the Defendant, in light of the form of the act, which led the police officer, who was reported and obstructed the Defendant from departing from the taxi for 30 minutes prior to the taxi, and caused the injury while driving the taxi. In light of the form of the act, the nature of the crime is very poor, and the Defendant has a record of criminal punishment on several occasions including the same kind of crime.

However, in light of the favorable circumstances, such as the fact that the defendant recognized all the crimes of this case and the defendant committed a crime of this case, and the attitude of reflecting the wrongness while living in custody for a considerable period of time, the victim of interference with duties did not want to punish the defendant, and the police officer who suffered damage and interference with the performance of official duties wanted to have the defendant's wife, and the defendant deposited 1,50,000 won for the damaged police officer when he was in the trial, and the fact that the defendant should support the defendant's mother, and other favorable conditions of sentencing as shown in the records and arguments of this case, such as the defendant's age, sexual behavior, environment, and circumstances after the crime, the sentence of the court below that sentenced the defendant of six months of imprisonment is too unreasonable.

3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal is again decided as follows.

Criminal facts

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

Application of Statutes

1. Article 314(1) of the Criminal Act, Article 315 of the Criminal Act (the point of interference with business), Article 185 of the Criminal Act (the point of interference with general traffic), Article 136(1) of the Criminal Act (the point of interference with the performance of public duties) and Article 257(1) of the Criminal Act concerning criminal facts (the point of interference with the performance of public duties).

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