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(영문) 전주지방법원 2016.07.15 2016노296
공무집행방해
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 one year from the date this judgment becomes final.

Reasons

1. As to the summary of the grounds for appeal (unfair sentencing) by the lower court, the Defendant asserts that it is too unreasonable for the prosecutor as it is too unfied and too unfied.

2. The circumstances favorable to the defendant are that the defendant is aged 7 years of age and has no record of criminal punishment prior to age, the recognition of the crime of this case and reflects the mistake in depth, and the fact that the defendant seems to have reached an contingent crime of this case.

On the other hand, the crime of this case is committed against the defendant, without wearing a bomb, by assaulting the police officer who has driven the bomb, such as booming him, and flapsing him, and by obstructing the performance of official duties, such as taking a CD case even after he was arrested as an act in the act of committing an act of committing an act of committing an act of committing an act of committing an act of violence, which has significant nature of the crime, such as obstructing the performance of official duties, and failing to agree with the damaged police officer up to the trial, and not taking any particular measures to recover damage, and the obstruction of the performance of official duties requires strict punishment as an offense that violates the state's public authority.

In full view of the above circumstances and other factors of sentencing as well as the background of the instant crime, the Defendant’s age, sexual conduct, environment, etc., the lower court’s punishment is deemed to be unfair because it is too uneasible and unfair. As such, the Prosecutor’s argument of sentencing is with merit, and the Defendant’s argument of sentencing is without merit.

3. In conclusion, the prosecutor's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows after pleading.

Criminal facts

The summary of the facts charged and the evidence admitted by the court are the same as the corresponding columns of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 136 of the Criminal Act applicable to the crime and Article 136 of the choice of punishment.

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