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(영문) 인천지방법원 2019.09.05 2019노1591

업무방해등

Text

The judgment below

Of them, the part against Defendant A shall be reversed.

Defendant

A shall be punished by imprisonment for eight months.

Defendant

B.

Reasons

1. The lower court dismissed the prosecution as to each of the assaults against Defendant A among the facts charged against Defendant A, and convicted the remainder of the facts charged.

As to this, Defendant A and the Prosecutor appealed only on the guilty portion, and did not appeal on the dismissal of the public prosecution, the dismissal of the public prosecution in the judgment below becomes separate and finalized as it is. Thus, the scope of judgment in this court is limited to the remaining conviction portion except the dismissal of the

2. Summary of grounds for appeal;

A. As to the Defendants (in fact-finding and inappropriate sentencing) violation of the Punishment of Violences, etc. Act (joint assault) (hereinafter “Joint Violence”), the lower court found Defendant A guilty of this part of the facts charged, even though he did not spit or spit the victim’s DNA by hand.

B) The sentence imposed by the court below on Defendant A (one month of imprisonment) is too unreasonable. (2) Although Defendant B attached the victim D’s neck, the court below found Defendant B guilty of the facts charged against Defendant B even though it did not have the intent of assault due to the act of preventing fighting between the above victim and the Defendant, and the court below is unreasonable in determining that Defendant B was guilty of the facts charged against the above victim B, although Defendant B did not have the head of the above victim by her mother and her mother. (B) The sentence (three million won of fine) imposed by the court below on Defendant B is too unreasonable.

B. The above types of punishment sentenced by the court below to the Defendants are too uneasible and unfair.

3. Determination

A. We examine ex officio (the defendant A part) prior to the judgment on the grounds for appeal.

As stated in the lower judgment, Defendant A was sentenced to eight months of imprisonment with prison labor for the obstruction of performance of official duties, etc. at the Incheon District Court Branch Branch on August 11, 2017, and was released on December 27, 2017 by the ruling of revocation of detention, and completed the execution of the sentence on January 25, 2018, which became final and conclusive on the same day. Each of the crimes of this case is the same.