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(영문) 인천지방법원 2017.11.09 2017노1790
공무집행방해
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 5,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. The defendant asserts that, with respect to the summary of the grounds for appeal (unfair sentencing) by the court below (unfair sentencing, the defendant is too unreasonable, and that the prosecutor is too unfied and unfair.

2. It is recognized that the Defendant recognized the instant crime and reflected against the Defendant, and that there was no record of criminal punishment in addition to punishment once as the Defendant was punished for a violation of the Automobile Management Act since 2007.

However, the crime of this case is deemed to have exercised physical power against a police officer dispatched by the defendant upon receiving a report on domestic violence. In order to establish a state’s legal order and eradicate a light view of public authority, the crime of interference with the performance of official duties, such as this case, requires strict punishment. The defendant, on the floor of hand, uses physical power in an intentional and aggressive manner by the victimized police officer, such as assessing the official play of the victimized police officer in the vicinity of the police officer, etc., and the defendant seems to have weak awareness of compliance as a whole, such as gambling, drinking, drinking, etc., and other various circumstances, including the defendant’s age, sex behavior, motive, means and consequence of the crime of this case, and circumstances after the crime, etc., the judgment of the court below is unreasonable.

However, in consideration of the favorable circumstances mentioned above, the court below's fine shall be maintained as it is.

3. In conclusion, the prosecutor's appeal is reasonable, and 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 again dismissed in accordance with the new theory of change (it does not indicate that the defendant's appeal is dismissed separately in the disposition as long as the prosecutor's appeal is accepted and the judgment of the court below is reversed). [Grounds for new judgment] Criminal facts and summary of evidence are the same as stated in the corresponding column of the judgment of the court below, and thus, the summary of evidence is identical to that of the judgment of the court below.

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