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(영문) 창원지방법원 2021.02.18 2020노2970
공무집행방해등
Text

The judgment below

The part against the defendant shall be reversed.

A defendant shall be punished by imprisonment for one year.

except that this judgment.

Reasons

The sentence (one year of imprisonment) imposed by the court below on the summary of the grounds for appeal is too unreasonable.

2. The Defendant committed the instant crime despite the record of punishment for the same kind of crime.

However, the Defendant recognized the instant crime and is against the Defendant.

The Defendant agreed with the victims of the instant crime and the victims of the instant crime in consultation with AA of the victimized police officer who was in the first instance.

The extent of the type of the defendant exercised and the degree of damage suffered by the victims are relatively minor.

In addition, considering the defendant's age, sex, environment, motive, content, means and consequence of the crime, and all the sentencing conditions shown in the records and arguments of this case, the punishment imposed by the court below is too unreasonable.

3. The part of the judgment below against the defendant in accordance with Article 364 (6) of the Criminal Procedure Act is reversed and the defendant's appeal is ruled as follows after the pleading.

[Grounds for a new judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the relevant column of the judgment below, and thus, it is acceptable to accept it as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Articles 136(1) (the point of interference with the performance of official duties), 258-2(1), 257(1) (the point of special injury), 144(1), 136(1) (the point of interference with the performance of special duties), 284, 283(1) (the point of special intimidation), 314(1) (the point of interference), and 2(2)3 and 6 of the Punishment of Violences, etc. Act, Articles 2(1), 257(1), and 263 (the point of interference with the performance of duties) of the Criminal Act, Article 2(2)3 and 253 (the Criminal Act, Article 2(2)3 and 60 (the point of interference with the performance of duties) of the Punishment of Violences, etc. Act, and Article 2(2)3, Article 63 (the Punishment of Violences, etc. Act

1. Selection of each sentence of imprisonment with prison labor for the remaining crimes except for special injuries upon the option of punishment;

1. The former part of Article 37 of the Criminal Code, Article 38(1)2 of the Criminal Code, which increases concurrent crimes.

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