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(영문) 의정부지방법원 2013.09.12 2013노1596
공무집행방해등
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 6,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. The sentence of the original court (six months of imprisonment) shall be too vague and unfair.

2. Considering the following circumstances: (a) there are many criminal records on the part of the Defendant; (b) the crime of this case is committed during the period of repeated crimes; and (c) the crime of this case is committed by the Defendant with violent inclinations without any particular reason; and (d) it is not good to commit such crime; and (e) it is necessary to scen the light of the public authority’s light view, there is need to punish the Defendant significantly

However, in light of all the sentencing conditions indicated in the records of this case, such as the defendant's age, character and conduct, family environment, and circumstances after the crime, the sentence of the court below against the defendant is somewhat unreasonable in light of the following: (a) the defendant committed the crime of this case by contingently; (b) the defendant was first agreed with the victim taxi engineer and the taxi company; (c) the defendant received a written application from the victim police officer that the defendant was not subject to punishment; (d) the defendant deposited KRW 1 million for the victim police officer in the first instance; (e) the victim was not much serious; (e) the victim was not injured; (e) the victim was a family member including the child whom the defendant should support; and (e) the defendant was gred in depth of his mistake; and (e) the defendant

3. If so, the defendant's appeal is reasonable, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided after pleading as follows.

Criminal facts

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

Application of Statutes

1. Article 257 (1) of the Criminal Act, Article 366 of the Criminal Act and Article 136 (1) of the Criminal Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Each selective fine for punishment;

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