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(영문) 인천지방법원 2018.07.27 2018노1813
공무집행방해등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

However, the period of two years from the date this judgment becomes final and conclusive.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (eight months of imprisonment) is too unreasonable.

2. Each of the instant crimes is highly serious in light of the circumstances, the degree of the type of the Defendant’s use, the degree of the injury inflicted by the victim J, etc.

Even though the defendant was punished for a crime of violence, the defendant committed each of the crimes of this case.

The Defendant did not receive a letter from the victimized police officers.

However, all of the crimes of this case were led to the confession of each of the crimes of this case, and they were divided into the truth.

The defendant deposited 500,000 won for damaged police officers in the trial of the party.

There is no criminal punishment exceeding the fine against the defendant, and the family and supporters of the defendant want to take the lead of the defendant, and the defendant's wife.

The defendant has been able to live in prison for a certain period of time.

In full view of the aforementioned circumstances, Defendant’s age, sex and environment, motive, means and consequence of the crime, and the circumstances after the crime, etc., the lower court’s punishment seems to be too unreasonable, as it appears that the sentence is too unreasonable. Thus, Defendant’s assertion is with merit.

3. As the appeal by the defendant is well-grounded, the judgment of the court below shall be reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the judgment below shall be rendered again after pleading as follows.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the description of each corresponding column of the judgment below, and thus, it is acceptable in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties) and Article 257 (1) of the Criminal Act concerning facts constituting an offense;

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

1. Selection of each sentence of imprisonment;

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

1. Article 62 of the Criminal Act:

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