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(영문) 부산지방법원 2019.09.05 2019노1572

공무집행방해등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

1. Summary of grounds for appeal;

A. Determination of the amount of imprisonment (one year of imprisonment) by the Defendant is unreasonable.

(b) Determination of an amount of punishment imposed on an applicant for inspection (unfair punishment) is unreasonable.

2. The sentence imposed by the court below is within the scope of the applicable sentencing range and the recommended sentencing range under the attached sentencing guidelines (at least six months of imprisonment).

Punishment was determined in consideration of the records of the same crime, the crime during the suspension of execution, and the attitude of the obstruction of performance of official duties.

However, the appellate court did not reflect the agreed circumstances with the victim of interference with business.

In addition, if we review the sentencing factors, the amount of the original sentence is somewhat inappropriate.

3. The appeal by the defendant is justified.

Pursuant to Article 364 (6) of the Criminal Procedure Act, the judgment of the court below shall be reversed and it shall be judged again after pleading

Criminal facts

Criminal facts and the summary of evidence recognized by this court are as shown in the corresponding column of the judgment of the court below.

Article 369 of the Criminal Procedure Act is quoted as it is.

Application of Statutes

1. Relevant Article 311 of the Criminal Act, the choice of punishment for the crime, Article 311 of the Criminal Act, Article 136 (1) of the Criminal Act, Article 314 (1) of the Criminal Act, and Article 314 (1) of the Criminal Act;

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