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(영문) 수원지방법원 2017.07.07 2017노76
특수공무집행방해등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

1. The sentence imposed by the court below (a 3 years of suspended execution, observation of protection, and forfeiture of evidence Nos. 1 and 2 in one year and six months of imprisonment) on the summary of the grounds for appeal is too unfasible and unfair.

2. In the judgment of the Defendant, the fact that all of the crimes of this case were acknowledged when the Defendant was in the first instance, the fact that the damaged public goods were compensated for damage, and that there was no record of punishment exceeding the fine due to the crime related to violence is favorable to the Defendant.

However, the defendant's act of driving a fire-fighting officer who was sent to a hospital at his own request, damages the first-aid electronic device while driving the fire-fighting officer, and resulting in the crime, obstructing the performance of official duties by carrying a dangerous object while driving the vehicle under the influence of alcohol and carrying the police box, and threatening the police officer to take a dangerous object while driving the vehicle under the influence of alcohol, failing to comply with the request for measurement of drinking, and there is a record of punishment several times due to drinking driving and violent crimes against the defendant, and considering the defendant's age, sexual behavior, environment, motive, means and consequence of the crime, etc., the court below's punishment is too unfair, and the prosecutor's above assertion has 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 it is again decided as follows after pleading.

【The part of the judgment below in its entirety is the same as the corresponding column of the judgment below, except where the facts constituting the crime and the summary of the evidence acknowledged by the court below and the summary of the evidence are used by the court as “the defendant’s partial statement in court” in the summary of the evidence as “the defendant’s oral statement in court.” Thus, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;

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