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(영문) 서울남부지방법원 2017.11.17 2016노2492
공무집행방해
Text

The judgment of the court below is reversed.

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

The defendant does not pay a fine.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s sentence (six months of imprisonment, two years of suspended sentence, observation of protection, and 80 hours of community service) is too unreasonable.

2. Considering that the nature of the crime was poor in that the defendant assaulted the police officers in the course of performing official duties and obstructed the performance of official duties, the defendant did not assault the police officers by drinking, etc., but confirmed the video recorded at the time, the defendant's assault level is relatively minor, the defendant's deposit a certain amount for the damaged police officers, and the damaged police officers want to have the defendant's wife on the ground of the defendant's attitude against the defendant's resistance, there is no criminal history except 70,000 won due to the defendant's violation of the Road Traffic Act in 198, and the defendant's confession and confession from the investigative agency all of the crimes of this case are deemed unfair since the sentence imposed by the court below is too excessive and unfair. Thus, the defendant's argument on the sentencing of the defendant is justified.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit, and the judgment below is ruled again after pleading as follows.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the description of each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 136 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The sentencing of Article 334(1) of the Criminal Procedure Act is to be determined in the same manner as the sentencing of the Defendant is stated in Article 334(2) of the Criminal Procedure Act, taking into account various sentencing conditions as indicated in the instant case, such as the criminal record, age, sexual conduct, intelligence, and environment.

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