(영문) 대구지방법원 2015.01.09 2014노4128 | 리걸엔진

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(영문) 대구지방법원 2015.01.09 2014노4128

공무집행방해등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor) by the lower court is too unreasonable.

2. The judgment of the court below is recognized that the defendant, while under the influence of alcohol, inflicted an injury on the victim E while drinking, and was subject to restraint from the police officer upon receiving a report, obstructed the performance of official duties and at the same time inflicted an injury on the police officer by cutting the bridge of the police officer. The crime of obstruction of performance of official duties is not good for each of the crimes of this case, in order to establish the state's legal order and eradicate the light of public authority, it is necessary to strictly punish the crime of obstruction of official duties, and that the defendant has a record of having been subject to criminal punishment (one time of suspended sentence of imprisonment and four times of fine) for five times due to violent crimes.

However, in light of the following circumstances: (a) the Defendant led to the Defendant to commit the instant crime; (b) the Defendant committed an assault against his/her wrong act through confinement for about three months; (c) the Defendant her drinking alcohol to the victim E, and was crypted to the victim E to prevent the crypted; and (d) there are some circumstances to consider the circumstances of the instant crime; (b) the degree of injury to the victim E is not excessive; (c) the Defendant agreed with the police officer; (d) the degree of the injury and the degree of the assault used as the means of obstruction of performance of official duties is relatively minor; and (e) the Defendant did not have a criminal record of the crime of obstruction of official duties; and (e) the Defendant’s age, character and conduct, environment, motive and background of the crime, means and consequence of the crime; and (e) the circumstances that constitute the conditions of sentencing after the crime, etc., the lower court’s sentence is somewhat unreasonable.

Therefore, the defendant's above assertion is justified.

3. Accordingly, the defendant's appeal is with merit, and the judgment of the court below is reversed and the pleading is made in accordance with Article 364 (6) of the Criminal Procedure

참조조문

-형사소송법 제364조 제6항

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