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(영문) 서울동부지방법원 2014.11.14 2014노1161
공무집행방해
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the punishment sentenced by the court below to the defendant (two years of suspended sentence for six months of imprisonment and eight hours of community service order) is too unreasonable.

2. The crime of this case is deemed to have been committed by the defendant while under the influence of alcohol on the floor. The crime of this case is deemed to have been committed by the defendant with a desire to cause it to cause it, and then interfered with the performance of official duties by assaulting the police officer with the body of the above police officer by breathing and destroying the body of the police officer by breathing the breathing the breath, etc., and the crime of obstruction of performance of official duties is not good. The crime of obstruction of official duties interferes with the legal order of the state as well as the safety of general citizens, such as impairing the function of the state, and it is related to the safety of citizens, and there is a need for strict punishment corresponding thereto. However, there are some unfavorable circumstances of the defendant, such as the defendant's depth of his wrong, and it appears that the defendant committed the crime of this case was committed with the defendant under the influence of alcohol, that the defendant agreed smoothly with the victim and the defendant, that the defendant was punished by the violation of the Road Traffic Act on 1999.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.

Criminal facts

The summary of the facts charged by the court and the summary of the evidence are the same as the corresponding columns of the judgment below. Thus, Article 369 of the Criminal Procedure Act is applied.

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