(영문) 대구지방법원 2018.01.12 2017노3488 | 리걸엔진

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(영문) 대구지방법원 2018.01.12 2017노3488

공무집행방해

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The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 5,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. The sentence imposed by the court below (one year of suspended sentence in six months of imprisonment) is too unreasonable.

2. The judgment of this case is an unfavorable circumstance where the police officers, who received a report related to the act of disturbance of drinking alcohol and arrested the defendant as a current criminal committing an act of disturbance of drinking alcohol. The defendant resisted the act of disturbance of drinking alcohol and assaulted the above police officers, and the nature of the crime is not good. In order to establish the state's legal order and eradicate the light of public authority, the crime of obstruction of performance of official duties such as this case requires strict punishment. The degree of obstruction of performance of official duties of this case is not weak.

However, it is more favorable to the Defendant’s confession of the instant crime for the first time, and the Defendant seems to have committed the instant crime contingently, and the Defendant’s appeal by the victim police officers under a mutual agreement with the victim police officers, that there was no past record of criminal punishment before the instant case, that the Defendant’s family and branch members appeal the Defendant’s wife, and that the Defendant is still a student with the age of the Defendant.

In addition to the above circumstances, considering the defendant's age, sex, environment, motive, means and consequence of the crime of this case, circumstances after the crime, criminal records, etc., all the sentencing conditions as shown in the records and arguments in this case, the sentence sentenced by the court below is somewhat inappropriate.

3. If so, the defendant's appeal is reasonable, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and it is again decided after pleading as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by this court is identical to the facts stated in each corresponding column of the judgment below. Thus, all of them are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

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유사 판례

-대구지방법원 2017.11.17 2017노1581

-대구지방법원 2017.10.27 2017노328

-대구지방법원 2017.05.26 2016노4653

-대구지방법원 2017.12.01 2017노2557

-대구지방법원 2017.07.07 2017노1902