(영문) 서울북부지방법원 2020.06.11 2019노1885

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(영문) 서울북부지방법원 2020.06.11 2019노1885

공무집행방해

Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 3,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. The abstract of grounds for appeal (the defendant: Imprisonment with prison labor for eight months, suspension of execution of two years, and community service hours);

2. In full view of all the circumstances revealed in the arguments in the instant case, including the Defendant’s age, character and conduct, environment, family relationship, motive and circumstance of the crime, means and consequence of the crime, etc., it seems that the sentence of the original court is too unreasonable, considering the following: (a) the Defendant appears to have caused the crime in the instant case by contingency while the Defendant was fighting with her husband while drinking with her husband; (b) there was no past record of criminal punishment; (c) the investigation process or the lower court did not recognize mistake; (d) the Defendant’s act of the police officer, and sought punishment; (e) but (e) the Defendant’s mistake was found to have reached the trial; and (e) the Defendant’s age, character

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 following judgment is rendered again after pleading.

【Grounds for the Judgment of the Supreme Court which has been written] Criminal facts and summary of evidence are identical to facts constituting a crime and summary of evidence recognized by the court, and thus, they shall be quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 136 (1) of the Criminal Act concerning criminal facts, the choice of fines, and the choice of fines;

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

1. The sentencing grounds of Article 334(1) of the Criminal Procedure Act (hereinafter referred to as "the sentencing grounds of Article 334(1) of the Criminal Procedure Act") shall be determined by comprehensively taking account of the various sentencing conditions described above.

참조조문

유사 판례

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