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(영문) 인천지방법원 2017.09.27 2017노2590
공무집행방해등
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 7,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. The sentence imposed by the court below (one year of probation, one year of protection observation, and 80 hours of community service order in six months of imprisonment) is too unreasonable.

2. The Defendant, upon receiving a report 112, assaulted a police officer who was dispatched, obstructed the police officer’s legitimate performance of official duties, and at the same time inflicted an injury upon the police officer in need of medical treatment for two weeks.

The criminal liability of the defendant is not against the public authority that is essential to maintain the order of the State, and the criminal liability of the defendant is not against the law if it is considered that the defendant did not receive any tolerance from the police officer who has suffered damage until now.

However, the Defendant recognized the instant crime, thereby reflecting his mistake in depth, and deposited KRW 1 million for police officers.

The defendant appears to have caused the crime of this case in a breath state of alcohol, and the strength of the assault by the defendant or the degree of the injury suffered by the victim is not severe.

In 2012, the defendant was sentenced to the 6-month imprisonment with prison labor for special larceny in 2012, and there is no criminal history except the 1-year suspended sentence, and it seems that the defendant has engaged in a relatively faithful social life with a certain occupation.

As the mother and wife of the defendant are leading the defendant, they want to take the defendant's wife.

In full view of such circumstances as the Defendant’s age, sexual conduct, environment, motive, means and consequence of the commission of the crime, and all the sentencing conditions as shown in the instant records and arguments, the lower court’s punishment is too unreasonable in light of the Defendant’s act and the degree of responsibility.

3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the appeal by the defendant is again decided as follows.

【Re-written judgment】 Criminal facts and summary of evidence recognized by the court.

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