(영문) 의정부지방법원 2017.01.20 2016노3310

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 의정부지방법원 2017.01.20 2016노3310

공무집행방해

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

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

Reasons

1. The summary of the grounds for appeal (6 months of imprisonment) that the court below sentenced the defendant too much unreasonable (the defendant and his defense counsel explicitly withdrawn the argument about mental and physical weakness on the first trial date). 2. The judgment on the grounds for appeal of this case is examined as follows: (a) the crime of this case is not less complicated in light of the content and method of the crime; (b) the crime of this case requires strict punishment for obstructing the performance of official duties in order to protect the legitimate performance of official duties of the State and to establish a sound social order; and (c) there are records of having been punished several times due to the same kind of crime and violence-related crimes, etc., which are disadvantageous to the defendant.

On the other hand, however, the defendant recognized the facts of the crime in this case, and was detained for about two months in this case, and the seriousness of punishment for the crime obstructing the performance of official duties seems to have been sufficiently impaired, and again, he did not commit the same crime.

In full view of the following facts: (a) the court below deposited KRW 400,00 for the victimized police officer; (b) the branch person, etc. wanting to leave the Defendant’s seat; (c) the balance of the general amounts of punishment in cases of the same kind and similar cases; and (d) the Defendant’s age, sex, conduct, intelligence and environment; (d) the motive and background, means and consequence of the instant crime; (c) the circumstances after the instant crime; (d) criminal records, criminal records, family relations, economic circumstances, etc., the sentence imposed by the court below is somewhat unreasonable to maintain it as it is, and thus, the Defendant’s assertion is reasonable.

3. In conclusion, 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, and it is again decided as follows.

Criminal facts

The substance of the facts charged and the summary of the evidence recognized by the court are as follows.

유사 판례

-의정부지방법원 2016.04.22 2015노2172

-의정부지방법원 2016.07.29 2016노1349

-의정부지방법원 2016.06.10 2016노941

-의정부지방법원 2016.07.15 2016노1233

-의정부지방법원 2016.07.22 2016노1286