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(영문) 수원지방법원 2015.01.29 2014노4842
공무집행방해등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

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

Reasons

Summary of Grounds for Appeal

The sentencing of the lower court (two months of imprisonment, two years of suspended execution, and 120 hours of community service) is too unreasonable.

Judgment

It is not good for the defendant to commit the crime, such as taking a bath to police officers working while the defendant finds a police station in the influence of alcohol and taking an injury.

However, in full view of all the circumstances, such as the defendant's age, character and conduct, environment, health conditions, motive, means and consequence of the instant crime, etc., the sentence imposed by the court below against the defendant seems to be too unreasonable, since the defendant's punishment imposed by the defendant is deemed to be too unreasonable, it is deemed that the defendant's above assertion is reasonable, since it appears that the defendant's punishment imposed by the court below is too unreasonable.

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 criminal facts and evidence of the defendant recognized by the court is identical to 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, Article 257 (1) of the Criminal Act, and Article 311 of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (Mutual Crimes of Obstruction of Performance of Official Duties and of Bodily Injury, and Mutual Crimes of Contempt);

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Suspension of execution is favorable to the defendant among the grounds for reversal under Article 62(1) of the Criminal Act.

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