(영문) 춘천지방법원 2016.06.09 2015노255 | 리걸엔진

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 춘천지방법원 2016.06.09 2015노255

공무집행방해

Text

The judgment of the court below is reversed.

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

The above fine shall not be paid by the defendant.

Reasons

1. The summary of the grounds for appeal (misunderstanding of facts) is as follows: (a) while making a civil petition claim, the Defendant took a high speech, and brought an article by hand; and (b) during that process, the Defendant’s hand was sat down at the end of the E’s coco, but did not knife E.

2. Determination

A. The following circumstances revealed by the evidence duly adopted and examined by the lower court in determining the grounds for appeal, namely, the father/Gun F at the scene of the instant crime, at the time of the Defendant’s price E

At the time of the statement, the Defendant also stated that the Defendant’s grandchildren had contacted E’s nose, and the Defendant stated that the Defendant was cut off his son and nose, and that the Defendant did not want to be punished by reconciliation with the Defendant on the day of the instant case.

Comprehensively taking account of the fact that the statement E does not have any reason to make a false statement, the lower judgment convicting the Defendant of the instant facts charged is justifiable.

B. In full view of the following circumstances: (a) ex officio determination of the lower court ex officio, the lower court’s sentencing did not have the same criminal record; (b) the Defendant did not have any criminal record; (c) the public official E did not want to punish the Defendant; and (d) the Defendant’s age, sexual conduct, environment, motive and circumstance leading to the instant crime; and (e) the circumstances before and after the instant crime were committed; and (b) the lower court’s punishment is too unreasonable.

3. As such, the appeal by the defendant is without merit, but the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act and it is again decided as follows.

【Grounds for the judgment to be used again】 Criminal facts and summary of evidence recognized by the court.

유사 판례

-의정부지방법원 2019.07.26 2019노1158

-의정부지방법원 2018.01.25 2017고정1787

-서울서부지방법원 2019.05.16 2018노205

-춘천지방법원 2019.02.13 2018노117

-인천지방법원 2015.10.23 2015노2948