logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 춘천지방법원 2016.01.13 2015노1132
업무방해등
Text

The judgment of the court below is reversed.

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

The above fine shall not be paid by the defendant.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s sentence (six months of imprisonment) is too unreasonable.

2. The judgment of the defendant is an offense against the public authority that duly enforces the law and requires strict punishment to recover the public confidence in the public authority. Although there are unfavorable circumstances such as the defendant's act during the suspension period of the execution of this case's crime during the period of suspension of the execution of this case's crime, E, one of the police officers who suffered damage to the crime of interference with the execution of official duties, wanting the defendant's wife, paying damages to the crime of interference with the execution of official duties, depositing a certain amount for the victim of the crime of interference with the performance of duties, depositing a certain amount for the victim of the crime of interference with the performance of duties, making the defendant a sentence of imprisonment with prison labor to the defendant more severe than the degree of the crime of this case's crime, and taking into account the defendant's age, sexual behavior, environment, motive, means and consequence of the crime, circumstances after the crime, etc., the sentence of the court below is too unfair.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and the judgment below is ruled again as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by the court are as shown in each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant legal provisions of the Criminal Act, Article 314(1) of the Criminal Act (the point of interference with business), Article 136(1) of the Criminal Act (the point of interference with the performance of public duties), Article 141(1) of the Criminal Act (the point of interference with the performance of public duties), and the selection of fines for each crime;

1. The former part of Article 37 of the Criminal Act, Article 38(1)2 of the Criminal Act, and Article 50 of the Act on the Aggravation of Concurrent Crimes.

arrow