2014No801 Performance of Official Duties

A

Defendant

Isnasium (prosecution), leapna (Trial)

Attorney B

Chuncheon District Court Decision 2014Ra711 decided September 30, 2014

December 17, 2014

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

1. Summary of grounds for appeal;

The punishment sentenced by the court below against the defendant (six months of imprisonment) is too unreasonable.

2. Determination,

The crime of obstruction of performance of official duties is a crime that has undermined the exercise of legitimate public authority and thus causes severe punishment to the function of the State, and there are unfavorable circumstances such as the defendant's failure to receive a letter from the victimized police officers up to the trial. However, although the defendant recognized the crime of this case and reflects his wrong in depth, the defendant deposited KRW 30,000 for victims in the court below, and additionally deposited KRW 2 million in the court below, and the defendant deposited additional money in the court below, the defendant's economic situation is difficult, and other various sentencing conditions shown in the records such as the motive and circumstance leading to the crime of this case, the situation after the crime of this case, and the defendant's age, character and behavior, environment, etc. are considered to be unfair.

3. Conclusion

Therefore, the defendant's appeal is justified, and the judgment of the court below is reversed and it is decided again as follows.

Criminal facts and summary of evidence

The summary of the facts constituting the crime recognized by this court and the summary of the evidence is the same as the statement of each corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369

Application of Statutes

1. Article applicable to criminal facts;

Article 136(1) of the Criminal Code

1. Commercial competition;

Articles 40 and 50 of the Criminal Act

1. Selection of punishment;

Imprisonment Selection

Maximum paths (Presiding Judge)

Long-term Private Telecommunication

Korean-style houses