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(영문) 창원지방법원 2019.05.02 2018노2542
공무집행방해
Text

The judgment of the court below is reversed.

The sentence of sentence against the defendant shall be suspended.

Reasons

1. Summary of grounds for appeal unreasonable sentencing

2. The Defendant is an initial offender with no record of criminal punishment.

The defendant was killed by the victim police officer in a serious trial, and the victim police officer does not want the punishment of the defendant.

When the criminal investigation agency recognizes all of the crimes of this case, the criminal defendant is in depth.

The Defendant appears to have committed the instant crime in a drunken state, and the degree of obstruction of performance of official duties is relatively minor.

Considering the above circumstances and other factors of sentencing as shown in the records and arguments of this case, such as the Defendant’s age, environment, character and conduct, motive of the crime, and circumstances before and after the crime, the sentence of the lower court is too unreasonable.

3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following is ruled again after pleading.

【Discied Judgment】 The facts constituting a crime and the summary of evidence recognized by the court are identical to the relevant column of the judgment below, and thus, they are quoted as they are in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

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

1. Penalty of a fine of four million won to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act (100,00 won per day) of the Criminal Act for the inducement of a workhouse;

1. Prior to the grounds for sentencing under Article 59(1) of the Criminal Act, the sentence shall be determined as ordered by comprehensively taking account of the various circumstances examined in determining the grounds for appeal and the sentencing factors of the sentencing criteria.

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