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(영문) 광주지방법원 2015.08.11 2014노2021
공무집행방해등
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for one year.

Reasons

1. Summary of grounds for appeal;

A. The respective punishment of the court below (No. 1: fine of 7 million won, imprisonment of 1 year and 6 months) is too unreasonable, since the defendant (no. 1: fine of 7 million won, and imprisonment of 2: the court below) is too unreasonable.

B. The first instance court’s sentence (e.g., e., e., g., e., e., e.

2. Each appeal case against the defendant was consolidated at the time of ex officio examination and trial prior to the judgment on the grounds for appeal by the defendant and the prosecutor. Each of the offenses of the judgment below is a concurrent offense relationship under the former part of Article 37 of the Criminal Act, and a sentence should be imposed within the scope of the term of punishment aggravated for concurrent offenses in accordance with Article 38(1) of the Criminal Act. In this regard, the judgment of the court below cannot be maintained any more.

3. The lower court’s conclusion is reversed in its entirety pursuant to Article 364(2) of the Criminal Procedure Act without examining the Defendant and the prosecutor’s allegation of unfair sentencing, on the grounds of ex officio reversal as above, and further decided as follows.

Criminal facts

The summary of facts constituting an offense and evidence recognized by this court shall be as shown in the respective columns of the original judgment.

Article 369 of the Criminal Procedure Act is quoted as it is.

Application of Statutes

1. Article 136 (1) of the Criminal Act, Article 3 (1) and Article 2 (1) 1 of the Punishment of Violences, etc. Act, Article 260 (1) of the Criminal Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment;

1. Aggravation of repeated crimes under Article 35 of the Criminal Act (Provided, That for the crimes of violation of the Punishment of Violences, etc. Act (Assaults against groups, deadly weapons, etc.), the punishment may be aggravated within the proviso to Article

1. The reason for sentencing of concurrent crimes under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (aggravating concurrent crimes within the scope of the proviso of Article 42 of the Criminal Act with regard to the punishment for a violation of the Punishment of Violences, etc. (a collective crime, a deadly weapon, etc.) among concurrent crimes);

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