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(영문) 서울동부지방법원 2019.05.02 2018노1792
공무집행방해
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

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

Reasons

1. The grounds of appeal (unfair punishment) asserts that the Defendant is too unfeasible to the sentence of the lower court (4 million won of a fine), and the prosecutor asserts that the sentence of the lower court is too unfased and unreasonable.

2. In full view of the arguments in this case and the reasons for sentencing indicated in the record, such as the fact that the crime of this case was committed by a police officer in the course of performing official duties without permission or preventing the progress of a vehicle, the fact that there are many criminal records including the same kind of crime to the defendant, and that the defendant did not receive a letter from the victims, the court below's punishment seems to be unreasonable, and thus, the prosecutor's assertion on unfair sentencing is reasonable, and the defendant's assertion on this is without merit.

3. In conclusion, the prosecutor's appeal is with merit, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the following decision is delivered after pleading

(Inasmuch as an appeal by a prosecutor is reversed on the grounds that the judgment of the court below is well-grounded, the appeal by a defendant shall not be dismissed in the separate order). The summary of facts constituting an offense and evidence recognized by the court is the same as the entries in the respective corresponding columns of the judgment of the court below. Thus, it shall be cited as it is in accordance

Application of Statutes

1. Article 136 (1) applicable to the relevant criminal facts, the choice of punishment, and the choice of fines;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act 2. The punishment shall be determined as ordered in consideration of the circumstances and all the conditions of sentencing specified in the pleadings of this case, including the defendant's age, character and conduct, environment, family relationship, and circumstances after the crime.

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