(영문) 서울서부지방법원 2019.07.25 2019노362

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(영문) 서울서부지방법원 2019.07.25 2019노362

공무집행방해

Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 10,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (one year of imprisonment with prison labor, one year of suspended execution, and 80 hours of community service order) is too unreasonable.

2. The fact that the Defendant had been punished twice as a fine due to the obstruction of performance of official duties and the violation of the Emergency Medical Service Act is disadvantageous to the Defendant.

However, considering the fact that the crime of this case occurred in the process of protesting against the police officer who was dispatched to the site after discovering a person who was used on the road by the defendant, making a 112 report, and then, there are some circumstances to consider the situation. In light of the fact that the crime of this case occurred in the process of protesting against the police officer who was dispatched to the site, the court below's punishment 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 reasoning of the judgment below] Criminal facts and summary of evidence recognized by the court is the same as that of each corresponding column of the judgment below. Thus, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 136 (1) of the Criminal Act concerning criminal facts, the choice of fines, and the choice of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Prior to the grounds for sentencing under Article 334(1) of the Criminal Procedure Act, the sentence shall be determined as ordered by taking into account the various circumstances examined in the judgment on the grounds for sentencing prior to the sentencing.

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