(영문) 창원지방법원 2015.02.12 2015노29 | 리걸엔진

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 창원지방법원 2015.02.12 2015노29

공무집행방해

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

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

Reasons

1. The gist of the grounds for appeal asserts that the court below's imprisonment (six months of imprisonment) is too unreasonable.

2. The fact that there is a need for strict punishment of obstruction of performance of official duties in order to protect the legitimate performance of official duties of the judgment state and to establish a sound social order is disadvantageous to the defendant.

However, considering the fact that the defendant has a family member to support the defendant, the fact that the defendant reflects his mistake, etc. in favor of the defendant, the defendant was detained for about two months in relation to the case, taking into account the following circumstances: the defendant's age, character and conduct, environment, motive and background of the crime, means and method of the crime, and circumstances after the crime, etc., the sentence of the court below is unreasonable.

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 decision is rendered again.

[Discied Judgment] Facts constituting an offense and summary of evidence recognized by the court, and summary of evidence are as stated in the corresponding column of the judgment below.

(Article 369 of the Criminal Procedure Act). Application of law

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

2. Suspension of execution under Article 62 (1) of the Criminal Act (Considering circumstances, etc. favorable to the defendant incurred in the reversal reason);

3. Article 62-2 of the Criminal Act of the community service order (the imposition of a certain time community service order to correct errors and behaviors of defendants during the period of suspension of execution).

참조조문

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