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(영문) 수원지방법원 2020.03.20 2019노6834
공무집행방해
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

1. The main point of the grounds for appeal is that the lower court’s imprisonment (ten months of imprisonment) is too unreasonable.

2. The instant crime was committed by assaulting police officers in charge of 112 reported duties to prevent police officers from performing their official duties, which is not good to the nature of the crime.

However, the defendant recognized his mistake, had the time to reflect by living in custody for more than six months, and there is no previous difference.

In full view of such circumstances and other circumstances as the Defendant’s age, character and conduct, environment, the background and consequence of the instant crime, and the circumstances after the instant crime, etc., the sentence imposed by the lower court against the Defendant is too unreasonable.

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

[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by the court is the same as that of each corresponding column of the judgment below. Thus, it is acceptable to accept it as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 136 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (Punishment prescribed for the crimes of obstruction of performance of official duties against E with heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act (Consideration favorable circumstances in the front);

1. Prior to the reasons for sentencing under Article 62-2 of the Criminal Act, the sentence shall be determined as ordered by comprehensively taking into account the various sentencing factors as seen earlier.

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