(영문) 서울북부지방법원 2014.02.07 2013노1535

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울북부지방법원 2014.02.07 2013노1535

공무집행방해

Text

The judgment of the court below is reversed.

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

The above fine shall not be paid by the defendant.

Reasons

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

2. In full view of the following circumstances: (a) the Defendant made a confession of the instant crime while committing the instant crime; (b) the degree of assault against the Defendant’s police officer and the degree of interference with the performance of official duties in the instant crime; (c) the crime of obstruction of performance of official duties by deceptive scheme, which was sentenced to a suspended sentence, and the form of the instant crime, are different; and (d) the Defendant’s age, character and conduct, environment, motive or circumstance of the instant crime, means and consequence of the instant crime; and (e) other circumstances that are conditions for sentencing, such as the circumstances after the crime, are too unreasonable.

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.

Criminal facts

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

Application of Statutes

1. Relevant Article of the Criminal Act and Article 136 (1) of the Criminal Act concerning the selection of punishment;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The crime of this case on the ground of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order prevents the defendant from performing official duties by assaulting a police officer who properly performs official duties, and the act of this case is not easy. The defendant committed the crime of this case while he was sentenced to a suspended sentence due to obstruction of performance of official duties by fraudulent means, which is disadvantageous to the defendant. The defendant committed the crime of this case while he was sentenced to a suspended sentence due to obstruction of performance of official duties by fraudulent means. The defendant committed the crime of this case in depth while he led to confession of the crime of this case, the degree of assault against the police officer and the degree of

참조조문

유사 판례

-춘천지방법원 2017.12.19 2017고단1131

-대구지방법원 2017.12.22 2017노2238

-청주지방법원 2017.03.31 2016노1019

-대구지방법원 2017.11.02 2017노3873

-창원지방법원 2016.08.10 2016노318