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(영문) 의정부지방법원 2016.10.21 2016노2268
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 summary of the grounds for appeal that the court below sentenced the defendant (six months of imprisonment) shall be excessively unreasonable;

(2) The defendant and his defense counsel explicitly withdrawn the claim of mental or physical disability during the first trial of the trial). The crime of this case committed by the defendant, who committed a crime of integrative revolving the victim's 112 report and dispatched after receiving the victim's 112 report, shall be deemed to be disadvantageous to the defendant, in light of the content and method of the crime, etc., that the crime of this case is not less complicated, that there is a need to strictly punish the crime of obstructing the performance of official duties of the State in order to protect legitimate performance of official duties of the State and to establish a sound social order, as well as that there was a history of punishment several times due to the same crime, and that the defendant again committed the crime of this case without being aware of the fact that he was sentenced to a fine while being under suspension of execution due to

However, the defendant recognized the facts of the crime of this case, which reflects his mistake in depth, is detained for more than 3 months in this case, and the seriousness of punishment following the repetition of the crime of obstruction of performance of official duties seems to have been sufficiently impaired. In other words, the defendant's ability not to commit the same kind of crime, the degree of force of the defendant's exercise is not severe, the defendant's deposit of KRW 1 million at the court below for the damaged police officer, and deposit additional KRW 1 million at the court below, and deposit it additionally at the court court, and if this judgment becomes final and conclusive, the defendant's age, character and behavior, intelligence and environment, the motive, background, means and result of the crime of this case, the situation after the crime, family relation, economic situation, etc., which are shown in the arguments of this case.

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