(영문) 의정부지방법원 2016.07.01 2016노944

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자간(%)

(영문) 의정부지방법원 2016.07.01 2016노944

특수공무집행방해등

Text

The judgment of the court below is reversed.

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

In the course of seizure of the gasoline and insignia, each of them shall be divided into:

Reasons

1. The main point of the grounds for appeal is that the sentence imposed by the court below (one year and two months of imprisonment) is too unreasonable.

2. We examine the reasoning of appeal. Each of the crimes of this case committed by the defendant is considerably significant in light of the contents and methods of the crime, and there is a need to strictly punish the crime of obstructing the performance of official duties in order to protect the legitimate performance of official duties of the State and to establish a sound social order. The defendant has been punished several times due to the same kind of crime, etc., and the fact that the defendant committed each of the crimes of this case without being able to do so during the suspended execution period due to the same kind of crime, etc.,

However, in light of the following: (a) the Defendant committed the instant crime at the time of the trial; (b) the Defendant committed a compulsory execution on the convenience store operated by the Defendant with efforts for a long-term period of time; (c) the Defendant’s family member, etc. seems to have resulted in the instant crime; (d) the Defendant’s family member, etc. wishing to leave the Defendant’s wife; (e) the Defendant’s family member, etc., who was the Defendant’s wife at the time of the invalidation of the previous suspended sentence; (e) the Defendant’s age, sex behavior, intelligence and environment; (e) the Defendant’s motive, consequence, means and consequence of the instant crime; and (e) the Defendant’s age, sex behavior, intelligence and environment; (e) the Defendant’s motive, means and consequence of the instant crime; (e) the circumstances after the instant crime; and (e) the family relationship; and (e) the Defendant’s argument that maintaining the sentence as it is is unfair because it 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, and the defendant's appeal is with merit, and it is again decided as follows.

Criminal facts.

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