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(영문) 대구지방법원 2016.12.21 2016노3110
공무집행방해
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six 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 (a fine of four million won) declared by the lower court is too unhued and unreasonable.

2. The judgment of the court below is acknowledged that the defendant recognized all of the facts charged in this case, the defendant's wife against the defendant, the damaged police officer's actions against the defendant, and there are no previous charges of obstruction of the performance of official duties. Meanwhile, the crime in this case is likely to interfere with the performance of official duties by assaulting a police officer who called out after receiving 112 report domestic violence, such as taking an empty sentry's face toward the police officer's face, etc. In light of the circumstances of the crime, method of the crime, etc., the crime in this case is likely to cause an excessive result, and the defendant committed a serious injury to the victim's knife due to a knife's knife's wound, etc., the defendant committed a violation of the Punishment of Violence, etc. Act (a collective action, deadly weapon, etc.) of the Punishment of Violences, etc. Act, and there was a history of imprisonment with prison labor for one year and six months, suspension of execution, etc., and the defendant's statement and reason for the crime in this case.

3. As such, the prosecutor's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by the court is the same as that of each corresponding column of the judgment of the court below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 136 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Suspension of execution under Article 62(1) of the Criminal Act

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