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(영문) 의정부지방법원 2019.07.25 2018노3443
공무집행방해
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of two million won.

The above fine shall not be paid by the defendant.

Reasons

1. The sentencing of the lower court (one year of imprisonment with prison labor, one year of suspended execution, and 80 hours of community service order) is too unreasonable.

2. As to the grounds for appeal, considering the following factors: (a) the Defendant did not have any criminal record of violence or obstruction of performance of official duties for ten (10) years; (b) the exercise of the force of this case is relatively minor that the Defendant was prone to a police officer by hand; (c) E, a police officer of the other party, submitted a document that she wanted the Defendant’s seat; (d) an string man, who wishes to take a race at the Defendant’s home, reported to the police by the Defendant to the police; (c) the occurrence of the instant crime was caused; (d) the Defendant’s wife wanting to take the Defendant’s wife; (e) the Defendant’s age, character and conduct, environment, circumstances after the commission of the crime, etc., the sentence imposed by the lower court is unreasonable.

3. As the defendant's argument of unfair sentencing is with merit, 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.

[Discied Judgment] The criminal facts recognized by the court and the summary of the evidence are as stated in the corresponding column of the judgment of the court below, and 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 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. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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