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(영문) 서울동부지방법원 2018.06.21 2018노448
공무집행방해등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (eight months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. According to the records of ex officio determination, the Defendant was sentenced to four months of imprisonment for an indecent act committed by force at the Seoul Eastern District Court on February 22, 2018 and the judgment became final and conclusive on May 22, 2018. As such, each of the crimes in the holding of the lower judgment and the crime of indecent act committed by force, which became final and conclusive on May 22, 2018, should be sentenced to punishment for the crimes in the holding of the lower judgment in consideration of equity with the case where the judgment is to be rendered simultaneously in accordance with the first sentence of Article 37 of the Criminal Act

In this respect, the judgment of the court below can no longer be maintained.

3. In conclusion, the judgment of the court below is reversed ex officio in accordance with Article 364(2) of the Criminal Procedure Act, and the following decision is delivered after pleading, on the ground that there is a ground for reversal ex officio.

【The grounds for the judgment that was used again] The criminal facts and summary of the evidence acknowledged by the court below and the summary of the evidence are as shown in the corresponding column of the judgment of the court below, and the defendant added "the defendant was sentenced to four months of imprisonment for a forced indecent act by the Seoul Eastern District Court on February 22, 2018 and became final and conclusive on May 22, 2018." The summary of the evidence " "1.............." A copy of the judgment (No. 5 of the evidence No. 2017 High Court Order 2208) and the detailed inquiry (No. 7 of the evidence No. 2017 High Court Order No. 8) in the case, except for the addition of the above evidence No. 8 (i. e., the above evidence list) are as shown in each corresponding column of the court below. Thus, it is

Application of Statutes

1. Relevant provisions of the Criminal Act, Article 136(1) of the Criminal Act (the point of obstructing the performance of official duties), Article 260(1) of the Criminal Act (the point of violence), Article 319(1) of the Criminal Act (the point of intrusion upon residence), and the choice of imprisonment with prison labor 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;

1. The latter part of Article 37 of the Criminal Code for the Treatment of Concurrent Crimes:

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