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(영문) 대구지방법원 2017.02.09 2016노5123
공무집행방해등
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of 12 million won.

The above fine shall not be paid by the defendant.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (ten months of imprisonment) is too unreasonable.

2. However, the Defendant committed each of the instant crimes during the suspended execution period due to a violation of the Game Industry Promotion Act, and whose blood alcohol content is very high as 0.205%, and the Defendant has already been punished once due to an injury.

In addition, the nature of the crime of this case committed by police officers is very bad.

However, the defendant is against the facts charged, and the defendant does not want the punishment of the defendant by mutual consent with the victims, and the degree of injury of the victims is not severe.

In addition, the family members and the branch members of the defendant want to be placed in the line against the defendant, the defendant does not have any history of traffic-related crimes, and the defendant is detained for more than four months in this case and has an opportunity to repent.

In addition, in full view of the various circumstances, including the Defendant’s age, sex, environment, occupation, and circumstances after the crime, the lower court’s punishment is unreasonable.

3. The decision of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is with merit, and the judgment below is ruled again after pleading as follows.

Criminal facts

The summary of facts and evidence recognized by the court is the same as the corresponding column of the judgment below, and thus, the summary of the facts and evidence is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Articles 148-2(2)1 and 44(1) of the Traffic Act applicable to the facts constituting an offense, Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 136(1) of the Criminal Act, Article 257(1) of the Criminal Act, Article 257(1) of the Criminal Act, concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition (limited to crimes of injury and interference with the execution of official duties);

1. Selection of each alternative fine for punishment;

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