(영문) 인천지방법원 2015.11.06 2015노3408 | 리걸엔진

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(영문) 인천지방법원 2015.11.06 2015노3408

공무집행방해

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

However, the above punishment shall be imposed for one year from the date of the final judgment.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below on the defendant (4 months of imprisonment).

2. Determination of the crime of this case is acknowledged that the crime of this case was committed by assaulting a police officer dispatched after receiving a report by the defendant and obstructing legitimate execution of official duties.

On the other hand, however, the defendant's recognition of the crime of this case, there is no record of punishment for the same crime, the police officer does not have standing for the crime of this case, the circumstance of the crime of this case, the fact that the defendant appears to be a contingent crime in light of the circumstances of the crime, the defendant's appearance that he had been detained for about 80 days due to the crime of this case, and all of the sentencing conditions specified in the argument of this case, such as the defendant's age, character and behavior, the circumstances of the crime of this case, and the circumstances after the crime, etc., are considered to be somewhat inappropriate, and the defendant's argument is reasonable.

3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act and it is again decided as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns 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. Relevant Article 136 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Suspension of execution under Article 62 (1) of the Criminal Act ( considered as favorable circumstances in the grounds for reversal);

참조조문

유사 판례

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