(영문) 의정부지방법원 2016.06.10 2016노608

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(영문) 의정부지방법원 2016.06.10 2016노608

공무집행방해

Text

The judgment of the court below is reversed.

Defendant

A shall be punished by a fine of 1,00,000 won, and a fine of 300,000 won, respectively.

Reasons

1. The summary of the grounds for appeal is that each punishment (a fine of KRW 2 million is imposed on the Defendants, and a fine of KRW 1 million is imposed on the Defendants) imposed by the lower court on the Defendants is unfair due to excessive and unfair (a). 2. Determination on the grounds for appeal of this case on the first trial date; (b) the crime of this case committed by the Defendants is not easy in light of the content and method of the crime; (c) there is a need to strictly punish the Defendants to interfere with the performance of official duties in order to protect the legitimate performance of official duties of the State and to establish a sound social order; and (d) Defendant A has several records of punishment due to fraud, etc., which are disadvantageous to the Defendants.

However, in full view of the following circumstances: (a) the Defendants recognized the facts of the instant crime against their mistake when they were in the trial; (b) the degree of power exercised by the Defendants does not seem to be significant; (c) Defendant B did not have any history of criminal punishment; (d) the average amount of punishment in the same and similar cases; and (e) the Defendant’s age, sexual conduct, intelligence and environment; (b) the motive, background, means and consequence of the instant crime; (c) the circumstances after the crime was committed; (d) criminal records; (e) family relationship; and (e) other circumstances that are conditions for the sentencing of the instant case, such as the criminal defendant’s age, sexual conduct, intelligence and environment; and (e) the motive, process, means and consequence of the instant crime; and (e) the criminal records

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendants' appeal is with merit, and the judgment below is reversed and it is again decided as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by the court is as follows. The summary of the evidence in the reasoning of the judgment of the court below is as follows.

유사 판례

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