(영문) 서울중앙지방법원 2016.06.16 2016노543

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(영문) 서울중앙지방법원 2016.06.16 2016노543

공무집행방해

Text

Of the judgment of the court of first instance, the part on Defendant B and the judgment of the court of second instance shall be reversed, respectively.

Defendant

B shall be in six months of imprisonment.

Reasons

1. Summary of grounds for appeal;

A. Defendant A’s sentence (No. 1: fine of 2 million won) imposed by the lower court on the Defendant is too unreasonable.

B. Defendant B’s sentence (No. 1: fine of KRW 1 million, and fine of KRW 8 million: fine of KRW 200,000) imposed on the Defendant is too uneased and unreasonable.

2. Determination

A. As to the Defendant’s assertion against the Defendant A, the Defendant’s punishment by the lower court is too weak, taking into account the following circumstances: (a) the Defendant recognized the Defendant as committing a crime; (b) the Defendant has no criminal history; and (c) the Defendant’s age, environment, sex behavior, motive for committing a crime; and (d) the conditions for sentencing specified in the instant records and arguments, including the circumstances before and after committing a crime, in order to maintain the order by occupying the road of the participants in an assembly by occupying the road.

Therefore, the prosecutor's argument against the defendant A is rejected.

B. B. Prior to the judgment on the grounds for appeal by the prosecutor’s ex officio judgment on Defendant B, the Defendant filed each appeal against the judgment below, and the appellate court decided to jointly examine each of the appeals against the Defendant on May 11, 2016.

Each crime of the judgment below shall be sentenced to one punishment within the scope of the term of punishment aggravated for concurrent crimes pursuant to Article 38(1) of the Criminal Act in relation to concurrent crimes under the former part of Article 37 of the Criminal Act.

In this respect, the judgment of the court of first instance and the judgment of the court of second instance against the defendant were all reversed.

3. Conclusion

A. As such, Defendant A’s appeal against the Defendant is groundless, and thus, it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

B. If so, the judgment of the court below is based on the above reasons for reversal, and it is against the prosecutor's defendant.

참조조문

-형법 제38조 제1항

유사 판례

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