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(영문) 부산지방법원 2016.11.04 2016노3374

사기등

Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 20,000,000.

The above fine shall not be paid by the defendant.

Reasons

Summary of Grounds for Appeal

The punishment of the court below against the defendant (limited to eight months of imprisonment and fine of 500,000 won) is too unreasonable.

Judgment

Each of the crimes of this case is a situation unfavorable to the defendant, such as that the defendant spits, spits, etc. against police officers in the performance of official duties after the defendant was involved in the police station as a state revocation column, and that the defendant again commits the crime of this case without being aware of it during the suspension period of the crime of interference with business.

However, in full view of the favorable circumstances such as the defendant's recognition of the crime of this case and the violation of the law of fraud during the first instance, and the agreement with the victim of the crime of obstruction of performance of official duties was reached during the first instance trial, and the two victims do not want the punishment of the defendant, and the defendant's family members are living together with other favorable conditions such as the circumstances of the crime of this case, the circumstances after the crime of this case, the defendant's age, character and conduct, etc., and other various sentencing conditions shown in the arguments of this case such as the circumstance of the crime of this case.

Thus, the defendant's appeal is reasonable, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the following decision is rendered through pleading

Criminal facts

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

Application of Statutes

1. Relevant Article 347(1) of the Criminal Act, the choice of punishment for the crime, Article 347(1) of the Criminal Act, Article 136(1) of the Criminal Act, Article 3(3)1 of the Punishment of Minor Offenses Act, and the selection of fines for negligence;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2 and 3, and Article 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;