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(영문) 창원지방법원 2020.05.22 2019노2441
공무집행방해
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Provided, That the above punishment shall be imposed for one year from the date this judgment becomes final and conclusive.

Reasons

1. The summary of the grounds for appeal (the defendant) is too unreasonable that the sentence of the court below (the two-year suspended sentence for six months of imprisonment, the 40-hours in alcohol treatment programs, and community service programs) is too unreasonable;

2. Determination is an unfavorable circumstance, such as the fact that the Defendant, as soon as possible, was placed on the head of the police officer who was dispatched by a report among acts disturbing drinking water and obstructed the performance of official duties, and that the instant crime was not light, and that the Defendant did not receive a manual from the victimized police officer.

On the other hand, there are more favorable circumstances such as the fact that the defendant reflects the mistake, that the police officer's damage is not serious, that is a contingent crime, that the defendant's health is not good, such as receiving a correction of the mission, which is a part of the entrance and the left-hand check, that the defendant works as a driver for at least 30 years, and has not been tried more than the same kind and fine, and that the defendant has no criminal record.

In full view of these circumstances and all of the sentencing conditions shown in the instant argument, the lower court’s punishment is deemed to be too unreasonable.

3. As such, the defendant's appeal is with merit. Thus, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the court below is ruled as follows

【Grounds for the Judgment of the Supreme Court which has been written] Criminal facts and summary of evidence are identical to facts constituting a crime recognized by the court, and summary of evidence. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 136 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of applicable sentences under law: One to five years of imprisonment;

2. The scope of the recommended sentence according to the sentencing guidelines [decision of types] of the obstruction of performance of official duties: [Type 1] No person shall be subject to the obstruction of performance of official duties or coercion of official duties [the scope of recommended areas and recommendations] (the scope of recommended areas and recommendations] basic area, six months to one year and six months.

3. Determination of sentence:

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