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(영문) 서울남부지방법원 2017.05.25 2017노521
공무집행방해
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

Reasons

1. In light of the following: (a) the summary of the grounds for appeal: (b) the accused does not want a punishment against the victimized public official by mutual consent with the victimized public official; (c) the accused is aged and is difficult to cope with the aquatic life due to the lack of health conditions due to the climatic crymosis, vertebrate so that it is difficult for the accused to cope with the aquatic life; and (d) the accused has no history of criminal punishment heavier than the fine, the sentence

2. The crime of this case is not deemed to be a crime because the defendant took a bath to a public official who was properly performing official duties in the process of filing a civil petition and assaults the public official, on the ground that the defendant did not properly handle official duties as he/she wishes, and its nature is not weak.

The crime of this case seems to have suffered a considerable physical and mental pain of the damaged public officials.

Although the defendant had been punished four times for violent crimes, he also committed the crime of this case.

Therefore, the sentence of sentence against the defendant is inevitable.

On the other hand, the Defendant recognized the facts charged in the instant case for the first time in the trial, and repented his mistake in depth.

The defendant agreed with the damaged public officials in the trial of the party, and the damaged public officials do not want the punishment of the defendant.

In addition, in full view of all the sentencing circumstances shown in the records and arguments of this case, including the age, sex, environment, etc. of the defendant, the sentence of the court below is deemed unfair due to the failure to impose the sentence.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is with merit, and the judgment below is ruled as follows.

【Re-written judgment】 Facts constituting an offense and summary of evidence recognized by the court and the summary thereof are relevant to each of the original judgment.

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