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(영문) 대구지방법원 2020.02.07 2019노4330
공무집행방해등
Text

1. The part of the judgment of the court below against Defendant A is reversed.

2. The defendant A shall be punished by imprisonment with prison labor for a year and six months;

3...

Reasons

1. Summary of grounds for appeal;

A. The punishment (the first and fourth months of the judgment of the court below, and the second and third months of the judgment of the court below) that Defendant A sentenced to the above defendant is too unreasonable.

B. The punishment (one year and six months of imprisonment) imposed on the above defendant AE by the court below is too unreasonable.

2. Defendant A filed an appeal against each of the judgment below, and the trial court decided to concurrently examine each of the above appeal cases.

As long as the facts constituting the crime against Defendant A of the above judgment are concurrent crimes under the former part of Article 37 of the Criminal Act, it shall be judged at the same time and sentenced to a single punishment, among the judgment below, the part against Defendant A of the judgment below cannot be maintained.

3. As to Defendant AE, it is recognized that Defendant AE recognizes all of the instant crimes and reflects them, each fraud fraud is relatively small, the stolen vehicle is returned, the vehicle is treating alcohol dependence, and the health is not good.

However, Defendant AE has committed the instant crime during the period of repeated crime due to fraud, it has already been punished 26 times including three times of punishment due to fraud (including larceny), other criminal records including seven times of punishment due to larceny, which have been punished 12 times in total, including seven times of punishment due to other larceny, and there are more criminal records punished 5 times of punishment due to these crimes, and there are no agreements with victims.

In addition, considering the various circumstances that are conditions for sentencing, such as Defendant AE’s age, character and conduct, environment, family relationship, motive, background, means and consequence of the crime, and the circumstances after the crime, and there are no special circumstances or changes in circumstances to the sentencing of the court below after the judgment of the court below, it is not recognized that the sentence imposed by the court below is too unreasonable.

4. Accordingly, the judgment of the court below against Defendant A among the judgment below.

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