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(영문) 서울동부지방법원 2015.01.22 2014노1592
공무집행방해등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

Reasons

1. The summary of the grounds for appeal reveals that the defendant suffered from mental illness and suffered difficulties in the division of labor during the process of getting divorced from his wife and being divorced from the responsibility for the crime, and living by the mixed with his wife, the game room is amusement, lose a lot of money, and the president of the game room is outside the game room without any delivery, which led to the crime of this case because he was unable to be responsible for the crime of this case, there is no criminal power, and one million won has been deposited for the repayment of damage to the police officers suffered from mental illness, and one million won has been deposited for the victim's damage, and the defendant is also able to care for the defendant in the future, against the depth of the crime of this case and not to again commit the crime of this case, it is unfair for the court below's sentence (eight months).

2. In light of the contents of the Defendant’s crime, such as continuously blring or using violence, regardless of the police officers’ removal, the nature of the crime is not good. However, it appears that the Defendant recognized all of the crimes of this case, and there is no criminal record, and it appears that he has committed the crime of this case in depth during the period of detention exceeding four months. There is no criminal record. It appears that the Defendant lost money in a game room, which is the place of the crime of this case, and there was a concern for causing the crime of this case while resisting money in a limited mind. Although the agreement was not reached, each one million won was deposited for the police officers who suffered from the death, but it appears that the Defendant did not control decentralization while the Defendant was neglected, and that it led to the crime of this case. Considering the possibility that the relationship between his family and his family appears to have been recovered, the Defendant’s age, character and behavior, the circumstances, the motive and consequence of the crime of this case, all other circumstances, etc., it appears that the lower court sentenced the crime of this case.

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