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(영문) 부산지방법원 2016.07.21 2016노1430
공무집행방해
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

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

Reasons

1. The sentence imposed by the court below on the defendant (six months of imprisonment) is too unreasonable.

2. The crime of this case committed by a police officer dispatched upon receiving a report of domestic violence is a threat to a police officer by a person who is asked for the situation, such as continuing to threaten a police officer, and desireing several times, and the nature of the crime is not good in light of the motive, means, etc. of the crime. The crime of this case committed with respect to obstruction of the performance of official duties needs to be strictly punished in order to resolve the booming of legitimate public authority and establish the legal order, and the defendant has been subject to punishment for the suspension of execution due to the obstruction of the performance of official duties

However, taking into account the following circumstances: (a) the Defendant led to the confession of the instant crime; (b) the Defendant deposited KRW 1 million for police officers at the trial; and (c) the police officer submitted an application to the effect that he would take the Defendant’s front seat; (b) the record of the crime of obstructing the performance of official duties by the Defendant was 20 years prior to the lapse of 20 years; and (c) there was no record of the crime exceeding the fine; and (d) other circumstances that form the conditions for the sentencing as indicated in the instant records and theories, such as the Defendant’s age, sexual behavior, environment, motive, means and consequence of the crime; and (e) the circumstances after the crime, etc., the sentence imposed by the lower court is somewhat unreasonable.

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 reversed and it is again decided as follows

Criminal facts

The summary of the evidence and the facts charged by the defendant and the summary of the evidence recognized by the court are as stated in 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 of the Criminal Act applicable to the crime, Article 136 (1) of the Criminal Act, and Article 1.

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