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(영문) 서울서부지방법원 2017.08.17 2017노544
공무집행방해
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 5,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (for four months of imprisonment and one year of suspended execution) is too unreasonable.

2. In full view of the fact that the defendant has a record of fine regarding violence, but more than ten years has passed since the defendant had been punished for the same kind of force, the fact that the investigative agency recognizes the crime of this case from the investigative agency and reflects it, the fact that the damaged police officers have no particular different or superior place, and thus have caused damage to the injured police officers, have been engaged in their occupation faithfully and faithfully, and the defendant's occupation environment, the sentence of the court below is deemed unfair.

3. The judgment of the court below is reversed in accordance with the conclusion, and it is again decided as follows after pleading.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are identical to 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 136 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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