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(영문) 대전고등법원 2013.10.02 2013노299
특수공무집행방해치상등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than two years and three months.

Part 1, Chapter 1, which was seized Shin Madern Card.

Reasons

1. Summary of grounds for appeal;

A. Although there was no fact that the Defendant had shocked the victim X-driving automobiles and the victim AA with a car, the lower court convicted the Defendant of the above part among the facts charged, the lower court erred by misapprehending the facts and affecting the conclusion of the judgment.

B. Although the Defendant, by misapprehending the legal principles as to self-denunciation or by misapprehending the legal principles, received all the remaining crimes except the above facts among the facts charged in this case, the lower court recognized that the Defendant only received a certain amount of fraud and determined the Defendant’s self-denunciation without treating the Defendant as a special mitigation in the sentencing guidelines, and thus, the lower court erred by misapprehending the facts or by misapprehending the legal principles as to self-denunciation, which affected the conclusion

C. The lower court’s sentencing (three years of imprisonment) is too unreasonable.

2. Determination

A. We examine ex officio prior to the judgment on the grounds for appeal on mistake of facts and unreasonable sentencing by the defendant for an ex officio judgment.

In the trial of the court, the prosecutor applied for amendments to the indictment on the charge of special obstruction of performance of official duties and the charge on the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Article 5 of the judgment of the court below) among the facts charged in the instant case in Article 2-2 of the Daejeon District Court case 2013 Gohap98 (b) as follows. This part of the judgment of the court below cannot be maintained as it is due to changes in the subject of the judgment of the court below. Furthermore, since the remaining facts of the defendant among the judgment of the court below are concurrent crimes under the former part of Article 37 of the Criminal Act, one sentence should be imposed in accordance with Article 38

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