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(영문) 부산지방법원 2015.02.05 2014노4269
공무집행방해
Text

The judgment of the court below is reversed.

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

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

Reasons

Summary of Grounds for Appeal

The sentencing of the court below (limited to eight months of imprisonment, two years of suspended execution, and 120 hours of community service) is too unreasonable.

Judgment

The crime of this case is a case of assaulting a police officer on the ground that the police officer who was called out while disputing the defendant's taxi engineer did not show a taxi boom, and the quality of the crime is not good. However, the defendant is in conflict with the defendant while making a confession of all the crimes of this case, and the extent of assault by the defendant is not much serious. In particular, it is difficult for the defendant to implement the community service order because he supports a child who is divorced with his wife and has yet to be supported by his wife, and it is not easy for him to implement the community service order. In addition, considering the motive and circumstance of the crime of this case, circumstances after the crime of this case, the defendant's age, character and behavior, and environment, the sentencing of the court below is somewhat inappropriate.

As the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the following is ruled again.

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 all the same as the corresponding columns of the judgment below, and they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 136 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspension of execution (i.e., circumstances favorable to the defendant among the grounds for reversal in the front);

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