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(영문) 인천지방법원 2015.02.13 2014노3605
공무집행방해
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, for one year from the date this judgment becomes final and conclusive.

Reasons

The Defendant asserts that the lower court’s punishment is too unreasonable as the grounds for appeal of this case are too unreasonable.

In full view of all the sentencing conditions shown in the records and arguments of this case, and the fact that the defendant has no criminal records of the same kind and imprisonment without prison labor or any heavier punishment, and that the defendant is repented in depth, the sentence of the court below is too unreasonable.

Therefore, since the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act and the following is ruled again

Criminal facts

The summary of the evidence and the facts charged by the defendant and the summary of the evidence recognized by the court are the same as the corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 136 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the stay of execution (see, e.g., Supreme Court Decision on the Grounds for Appeal);

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