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(영문) 서울중앙지방법원 2019.08.22 2019노1657
공무집행방해등
Text

The judgment of the court below is reversed.

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

Reasons

1. The summary of the reasons for appeal (three years of imprisonment) by the lower court is too unreasonable.

2. The Defendant had a large number of criminal records, including the previous convictions in the lower judgment, and committed each of the instant crimes during the period of repeated crimes due to the violation of the Punishment of Violences, etc. Act (Habitual Violence) and the obstruction of performance of official duties.

The crime of this case is a bad in light of the method, details, and motive of each crime of this case.

However, the defendant acknowledges and reflects his wrongness.

The degree or degree of damage to each of the crimes in this case is not significant.

In addition, in full view of the various sentencing factors indicated in the records, such as the defendant's age, character and conduct, environment, motive, means and consequence of the crime, the circumstances after the crime, etc., the sentence of the court below is somewhat inappropriate.

Therefore, the defendant's argument is justified.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit, and the following judgment is rendered again

[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by the court, and summary of evidence, are the same as that of each corresponding column of the judgment below, and they are cited as it is.

Application of Statutes

1. Article 136 (1) of the Criminal Act, Article 2 (3) 1 and (2) 1 of the Punishment of Violences, etc. Act, Article 260 (1) of the Criminal Act, and Article 311 of the Criminal Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (the punishment prescribed for the crimes of obstruction of performance of official duties against each other, and the punishment for the crimes of obstruction of official duties against E, of which the punishment is heavier);

1. Selection of each sentence of imprisonment with prison labor (with respect to the crime of obstruction of performance of official duties and insult);

1. Article 35 of the Criminal Act (For the crime of obstruction of performance of official duties and insult)

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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