logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2016.07.06 2015노3147
위계공무집행방해
Text

The judgment of the court below is reversed.

Of the facts charged in the instant case, from Nos. 1 to 2406, and from 2429 to 2429.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s sentence (for six months of imprisonment, two years of suspended sentence, two years of suspended sentence, and observation of protection) is too unreasonable.

2. The summary of the facts charged of the instant case reveals that the Defendant, at around 00:20 on June 23, 2014, at the residence of the Defendant: (a) around 00:20, the Daejeon District Police Agency 112 reported a crime under the influence of alcohol; (b) the Defendant sent E, a police officer belonging to the Daejeon District Police Agency D District Unit, to the scene and interfere with the duties of the said district police officer by fraudulent means; and (c) from January 6, 2014 to February 23:52, 2015, the Defendant filed a report to the Daejeon District Police Agency 2,476 times over 112 and filed a false report, and received a false report to the police officer and the police officer assigned to the Daejeon District Police Agency during seven times, thereby obstructing the police officer from performing his/her duties by having the police officer and the police officer assigned to the Daejeon District Police Agency, etc. under the jurisdiction of the Daejeon District Police Agency.

3. The grounds for appeal by the defendant ex officio are unfair in sentencing, but the appellate court may ex officio decide on the grounds that affected the judgment, even in cases where the grounds for appeal are not included in the grounds for appeal (Article 364(2) of the Criminal Procedure Act). We examine ex officio prior to the judgment on the grounds for appeal by the defendant.

A. Of the facts charged in the instant case, Article 8(3) of the Punishment of Minor Offenses Act provides that a person who was notified of the payment of a penalty and paid the penalty shall not be punished once again for the same offense is committed. As such, it is recognized that the person who received the notification of the payment of the penalty in accordance with the notification shall not be punished again. Article 326(1) of the Criminal Procedure Act provides that the person who received the notification of the payment of penalty in accordance with the notification of the penalty in question shall be exempted from punishment for the reason that “the final judgment has become final and conclusive.” As such, the final judgment

arrow