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(영문) 수원지방법원 2019.01.31 2018노5456
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. Summary of grounds for appeal;

A. In light of the fact that the defendant's defendant reflects his wrong, the punishment of the court below (7 million won of fine) is too unreasonable.

B. The lower court’s sentence against the Defendant by the Prosecutor is too unhued and unreasonable.

2. However, in light of the fact that the police officer, who was dispatched after receiving a report by the defendant, assaults his female-friendly implements on the job where the police officer was dispatched, and that the police officer who attempted to arrest the defendant who committed the above act was not in good quality, and that the crime of this case by the defendant is light of public authority and it is necessary to protect the legitimate execution of public authority and thereby ensure a large number of safety, there are circumstances unfavorable to the defendant, such as the defendant’s strict punishment.

However, considering the fact that the defendant shows the attitude of recognizing and opposing his mistake, that the defendant lives in good faith and does not repeat again in his family, that the defendant's female-friendly group is trying to play the most responsible role, and that the defendant wants to take the defendant's wife against the defendant. In light of the defendant's future in early 20s, it seems necessary for the defendant to cut off his wife so that the defendant can be repeated to an adult responsible for him, and considering all the sentencing conditions shown in the arguments of this case, such as character and behavior, environment, circumstances of the defendant, circumstances after the crime, etc., the sentence imposed by the court below is somewhat somewhat unreasonable.

3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the judgment below is again ruled after pleading.

(A) The prosecutor’s assertion of unfair sentencing against the defendant is without merit, but the decision of the court below is reversed on the grounds of the defendant’s assertion of unfair sentencing, and thus the prosecutor’s appeal is not dismissed.

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