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(영문) 창원지방법원 2014.09.17 2014노1486
공무집행방해
Text

1. The judgment below is reversed.

2. The defendant shall be punished by imprisonment for six months;

3.Provided, That for a period of two years from the date this judgment becomes final and conclusive.

Reasons

1. The sentence imposed by the court below (six months of imprisonment) is too unreasonable.

2. The crime of this case is committed by the Defendant on the new wall, such as drinking alcohol and failing to pay the drinking value, etc., and thus obstructing the police officer’s performance of official duties by taking the chest of the police officer called out after receiving a report on the disturbance into the boomer. In light of the method of the crime, the crime is not deemed to have been committed, and there is no record of punishment for several violent crimes in the past.

However, the court below's punishment imposed by the court below is somewhat unreasonable in consideration of the defendant's age, character and conduct, environment, family relationship, circumstances leading to the defendant's crime of this case, the means and result of the crime of this case, etc., and all of the sentencing conditions in the records and arguments of this case, such as the defendant's age, character and environment, family relation, circumstance leading to the defendant's crime of this case, method and result of the crime of this case, etc.

Therefore, the defendant's argument is justified.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.

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 of the court 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 on the suspended execution ( normal consideration in favor of the aforementioned part of the Judgment);

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