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(영문) 서울남부지방법원 2015.03.19 2014노1967
공무집행방해
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of five million won.

The above fine shall not be paid by the defendant.

Reasons

1. The summary of the grounds for appeal is unreasonable in light of the following: (a) the punishment imposed by the lower court on the Defendant (three million won of a fine) is not minor; (b) the degree of assault against the victimized police officer is not minor; and (c) the offender needs to be punished by strict punishment in the event of an offense of obstruction of performance of official duties.

2. There is no record of crime against the defendant, and there is a fact that the damaged police officer paid the full amount of damages claimed by the victim police officer. However, in full view of the various circumstances, considering the defendant's age, character and environment, background and circumstance of the crime of this case, degree of damage after the crime of this case, degree of punishment on the part of the police officer who was dispatched after receiving the report by the defendant, and even when she committed violence, such as her arms and scambing, and thus obstructing the performance of official duties, the degree of the crime of this case is not less narrowly, and the physical and mental damage suffered by the damaged police officer due to the crime of this case, even if the defendant was selected as a punishment by the punishment by the punishment of the defendant, it is necessary to determine the punishment in consideration of the statutory punishment.

3. In conclusion, the prosecutor's appeal is with merit, 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.

[Dao-written judgment] The criminal facts of the defendant and the summary of the evidence recognized by the court, and the summary of the evidence, are the same as the corresponding column of the judgment of the court below, except where the "1. G's written statement of the police officer" as the "written statement of the police officer against F" as stated in the summary of the evidence. Thus, it is accepted 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 of the Criminal Act for the detention of a workhouse.

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