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(영문) 창원지방법원 2018.01.17 2017노2966

공무집행방해등

Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

1. Improper sentencing for each of the reasons for appeal;

2. We examine ex officio the grounds for appeal prior to the judgment ex officio.

The Defendant filed an appeal against the lower judgment, and this Court decided to jointly deliberate on the two appeals cases.

Each crime of the first and second judgment against the defendant is a concurrent crime under the former part of Article 37 of the Criminal Act, and thus, one sentence shall be imposed in accordance with Article 38(1) of the Criminal Act. Thus, the judgment of the court below cannot be maintained as it is.

3. If so, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, since there is a ground for reversal ex officio. The judgment of the court below is reversed in entirety, and it is again decided as follows through pleading.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by the court are the same as the corresponding column of each judgment of the court 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, Article 136(1) of the Criminal Act (the point of obstructing the performance of official duties), Article 257(1) of the Criminal Act (the point of harm) and the choice of imprisonment with prison labor for the crime;

1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes;

1. The scope of the recommended punishment according to the sentencing guidelines for the crimes falling under Category 1 (Obstruction of Execution of Official Duties) [Scope of the recommended punishment] and the scope of the final sentence due to the aggravation of multiple offenses for which there are no basic areas (from June to one year and six months) (the scope of the recommended punishment] (the scope of the punishment for violence) in the basic area (from April to one year and six months), including the category 1 (the scope of general injury) (the scope of the recommended punishment] in the basic area (from April to one year and six months): 6 months): 6 months to February 3:

2. In the case of the instant crime of which sentence is determined, the face of the police officer dispatched by the Defendant upon receipt of a report by 112 shall be taken as head and the victim of the injury shall be treated for about 20 days, respectively, and the fluoral base for which medical treatment is required between approximately 14 days and approximately 14 days.