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(영문) 인천지방법원 2017.10.20 2017노2628
공무집행방해
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 7,000,000.

The above fine shall not be paid by the defendant.

Reasons

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

2. The Defendant, on the road, spits down the police officers who were controlling the violation of traffic laws and regulations on the central line, thereby obstructing the legitimate performance of official duties by the police officers.

The crime is not a good crime because of the light of the public authority essential to maintain the order of the state.

Considering these circumstances, the criminal liability of the defendant is not against the law.

However, the Defendant recognized the instant crime, thereby reflecting his mistake in depth, and the damaged police officer submitted to the court below a written confirmation that the Defendant found the Defendant as a police station multiple times and sacrifies the truth.

When the defendant was given penalty points from the police officer who suffered damage along with the penalty, the defendant seems to have caused the crime of this case in a somewhat consistent manner, and the degree of assault against the victim is relatively minor.

It seems that there is no history of criminal punishment except that the defendant has been fined twice for another type of crime, and that he/she has a relatively sincere social life with a certain occupation.

It is also clear that social ties, such as the defendant's wife and workplace club members want the defendant's wife and the defendant's wife.

In full view of such circumstances as the Defendant’s age, sexual conduct, environment, motive, means and consequence of the commission of the crime, and all the sentencing conditions as shown in the instant records and arguments, the lower court’s punishment is too unreasonable in light of the Defendant’s act and the degree of responsibility.

3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the appeal by the defendant is again decided as follows.

【Reasoning of a new judgment】 Facts constituting an offense and summary of evidence recognized by the court, and summary of evidence.

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