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(영문) 광주지방법원 2015.04.16 2014노1923
공무집행방해
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment with prison labor for four months.

except that the ruling shall be made for one year from the date of the final judgment.

Reasons

Summary of Grounds for Appeal

The punishment of the court below (1.5 million won) is too unhued and unfair.

Judgment

The fact that the defendant recognized the crime of this case and committed the crime of this case by drinking is favorable factors for sentencing.

However, the crime of this case is an unfavorable element of sentencing, such as assaulting police officers and insulting police officers through severe humiliations against the legitimate enforcement of police officers. The possibility of such criticism and the degree of illegality is significant, the defendant has a number of criminal records of fines, including four criminal records of violence, and the police officers who have been assaulted want to punish the defendant.

In addition, considering the circumstances of the instant crime, circumstances after the instant crime, the Defendant’s age, character and conduct, environment, etc., as a whole, the Prosecutor’s assertion is reasonable, since the lower court’s punishment is deemed too uneasible and unreasonable.

In conclusion, the prosecutor's appeal is reasonable, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by the court is the same as the corresponding column 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 applicable to the crimes and Article 136 of the Election of Imprisonment;

1. Article 62 (1) of the Criminal Act;

1. Social service businesses under Article 62-2 of the Criminal Act;

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