(영문) 수원지방법원 2016.06.16 2015노6566 | 리걸엔진

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(영문) 수원지방법원 2016.06.16 2015노6566

공무집행방해등

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The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

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

Reasons

1. The gist of the prosecutor’s appeal (unfair sentencing) is as follows: (a) the crime of this case was committed by assaulting a police officer who is performing his duties without any reason and is arrested as a current criminal even after it was arrested as a police officer; (b) it is not good that it is a crime of insulting a police officer; (c) the defendant committed the crime of this case during the period of probation and has the record of criminal punishment for violent crimes; (d) it has the record of being punished for the same crime; and (e) it has not been recovered from damage; and (e) the court below’s sentence that sentenced to a fine of KRW 10,000,000 is too uncom

2. The judgment of the court below is against the defendant's wrong and the degree of assault used by police officers is relatively minor. On the other hand, the crime of this case was committed against the police officers who performed official duties to protect the principal, and it is not good that the crime of this case was insulting to the police officers by taking advantage of their desire to protect the police officers. The defendant can have the record of criminal punishment including the punishment and suspended execution. The defendant had the record of being sentenced to eight months of imprisonment due to interference with official duties on February 6, 2009. The crime of violation of the Punishment of Violences, etc. Act (a group deadly weapon, etc.) on November 28, 2012 was sentenced to a suspended sentence of one year and six years, and the crime of this case was committed during the suspended sentence of one year and six years, and the compensation for damage was not made to the trial, and the defendant's age, background, motive, circumstance, etc. of the crime of this case was committed and all of the charges were presented during the period of suspended sentence.

3. Since the appeal by the prosecutor of the conclusion is well-grounded, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the appeal is again decided as follows.

Criminal facts

The summary of the evidence is the defendant.

참조조문

-폭력행위 등 처벌에 관한 법률

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