(영문) 수원지방법원 2018.12.20 2018노6420 | 리걸엔진

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(영문) 수원지방법원 2018.12.20 2018노6420

공무집행방해등

Text

The judgment below

Of them, the part against Defendant C shall be reversed.

Defendant

C A person shall be punished by imprisonment for not less than eight months.

Defendant of the Prosecutor.

Reasons

1. Summary of grounds for appeal;

A. In light of the fact that Defendant C’s mistake against Defendant C, the lower court’s punishment (ten months of imprisonment) is too unreasonable.

B. The lower court’s sentence against the Defendants by the prosecutor (Defendant A: 8 months of imprisonment; 2 years of probation; 200 hours of community service order; 6 months of imprisonment; 2 years of probation; 2 years of community service order; 120 hours of community service order; 10 months of imprisonment; 10 months of imprisonment) is too uneasible and unfair.

2. Determination:

A. Although Defendant C’s judgment on Defendant C had been sentenced to a criminal punishment for the same kind of crime, it was committed again during the period of repeated crime, and the above Defendant repeats the act of causing harm to others by giving priority to his own appraisal, and thus, is disadvantageous to the Defendant.

However, in full view of all the sentencing conditions indicated in the pleadings of this case, including the following facts: (a) the above defendant's mistake and not to repeat the crime; (b) the defendant seems to have committed the crime of this case after hearing the statement that the above defendant had committed a female-child behavior; (c) the above defendant deposited KRW 700,000 for fire-fighting officers and police officers; (d) the mother of the above defendant has to look at the defendant's preference against the defendant; and (e) the defendant's age, sex behavior, environment, circumstances of the crime of this case, and circumstances after the crime, etc., the punishment imposed by the court below is somewhat unreasonable.

B. As to the judgment on Defendant A and B, the above Defendants committed each of the crimes of this case by asking for a person who was investigated as a suspect by finding in the police station district, and committing each of the crimes of this case. Considering the fact that the above Defendants’ criminal acts are light of public authority and need to protect the legitimate execution of public authority and ensure a large number of safety, the Defendants should be punished strictly.

However, the above defendants recognized their mistakes and reflects them.

유사 판례

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