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(영문) 수원지방법원 2016.02.19 2016노162
공무집행방해등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, the above punishment shall be imposed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (six months of imprisonment) is too unreasonable.

2. However, the crime of this case committed by a defendant who has interfered with the legitimate execution of duties by a police officer, and who has inflicted an injury on a victim by a child is very poor;

However, in full view of the following circumstances: (a) the Defendant was found to have committed the instant crime when the Defendant was detained for a certain period of time; (b) the Defendant has an opportunity to reflect the Defendant’s wife when the Defendant was placed in custody; (c) the Defendant wants to have the Defendant’s wife when the Defendant was in the trial; (d) the Defendant did not have any same criminal record; and (e) there was no record of criminal punishment when the Defendant was excluded from punishment once by a fine in 192; and (e) other circumstances that form the condition for sentencing as indicated in the instant case, such as the Defendant’s age, sex, environment, family relationship, and circumstances after the commission of the instant crime, the sentence imposed by the lower court is somewhat unreasonable and thus, the Defendant and its defense

3. If so, the defendant's appeal is reasonable, 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 the court are all the same as the corresponding columns of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 136(1) of the Criminal Act applicable to the facts constituting an offense (the point of obstructing the performance of official duties) and Article 257(1) of the Criminal Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the stay of execution ( normal consideration in favor of the above);

1. Article 62-2 (1) of the Criminal Act on the community service order;

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