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(영문) 부산지방법원 2016.08.12 2016노1853

공무집행방해등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Reasons

1. The sentence of the court below (10 months of imprisonment) against the defendant on the summary of the reasons for appeal is too unreasonable.

2. It is recognized that the number of victims of each of the crimes of this case is majority and the quality of the crime is not good, and that the defendant has several records of the same crime.

However, in full view of all other circumstances such as Defendant’s age, sex, environment, family relationship, motive, means and consequence of the crime, etc., including the fact that the Defendant recognized the crime of this case and is in profoundly against Defendant’s depth and agreed with Defendant C division of interference with business affairs at the trial of the lower court, and agreed with Defendant L of the crime of injury, etc., the Defendant’s argument is reasonable as it is too unreasonable since the sentence of the lower court is too unreasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is reasonable, and the following decision is rendered after pleading.

Criminal facts

The summary of facts and evidence recognized by the court is identical to the corresponding columns of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant legal provisions of the Criminal Act, Articles 314(1) (the point of obstructing the performance of duties), 136(1) (the point of obstructing the performance of public duties), 260(1) (the point of violence), 257(1) (the point of harm), and 366 of the Criminal Act, the choice of imprisonment for each crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;