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(영문) 인천지방법원 2013.10.31 2013노2165
공무집행방해등
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 2,000,000.

If the above fine is not paid.

Reasons

1. The sentencing of the lower court (fine 4,000,000) on the gist of the grounds of appeal is too unreasonable.

2. The crime of this case is deemed to have been committed by a false report even though the defendant interfered with the performance of duties by police officers in the crime patrol and the victim H, who is a taxi engineer, did not assault the defendant, and the nature of the crime is not somewhat weak. However, the punishment of the court below is deemed to be inappropriate in light of the defendant's age, character and conduct, circumstances leading to the crime of this case and various sentencing conditions shown in the records and arguments, including the circumstances before and after the crime, etc., considering the fact that the defendant was committed at the time of and against the crime of this case, the defendant was led to the confession of the defendant at the police investigation stage, and the status of the defendant's property and health status and the punishment of the court below seems to have been somewhat aggravated.

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 following judgment is rendered again

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are as shown in each corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 136(1) of the Criminal Act, Article 156 of the Criminal Act, Article 156 of the Criminal Act, and the choice of fines for the crime;

1. Legal mitigation under Articles 157, 153, and 55 (1) 6 of the Criminal Act (a confession against any crime of false accusation, or confession);

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Aggravation of concurrent crimes with punishment stipulated for the crimes of obstruction of performance of official duties heavier than punishment);

1. Articles 70 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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