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(영문) 대구지방법원 2019.04.26 2019노331
폭행등
Text

All judgment of the court below shall be reversed.

Of the crimes in the judgment of the first instance and the judgment of the second instance, the defendant shall be attached.

Reasons

1. The summary of the grounds for appeal Nos. 1 and 2 of the original judgment (No. 1 and 2 months of imprisonment, and no. 2 months of imprisonment and no. 4 months of imprisonment) are too unreasonable.

2. Of the crimes of Article 2 of the judgment of the court below, the crime of this case, among the crimes of Article 1 of the judgment of the court below, as to the assertion of unfair sentencing as to the crimes of this case relating to the No. 1-8 of the annexed crime list No. 1-8, is committed several times by the defendant intrudes into the second floor house stairs of the victim, who is the debtor, to recover the claim, and thus prejudices the peace of the victim's residence, and thus, the crime of this case is not good in light of the frequency and degree of the crime. However, the defendant led to confession and reflects the crime of this case, and the crime of this case is committed simultaneously with the crime of obstruction of the performance of official duties for which judgment has become final and conclusive and the crime of this case is committed under the concurrent relation between the crime of obstruction of the performance of official duties and the latter part of Article 37 of

3. Prior to the judgment on the grounds for appeal ex officio as to the remaining parts of each crime, this court tried by examining each appeal case against the judgment of the court below by combining them. Among the crimes listed in the judgment of the court of first instance, the crimes listed in No. 9-14 of the list of crimes listed in the judgment of the court of second instance among the crimes listed in the judgment of the court of second instance, and the crimes listed in No. 2 of the judgment of the court of second instance, in relation to concurrent crimes listed in the former part of Article 37 of the Criminal Act, a single sentence should be imposed in accordance with Article 38

4. The defendant's appeal as to each part of the crimes listed in the judgment of the court below among the crimes listed in the judgment of the court below No. 1 is justified, and the part of the crimes listed in the judgment of the court of first instance among the crimes listed in the judgment of the court of second instance, the crimes listed in the No. 9-14 of the annexed crime list among the crimes listed in the judgment of the court of second instance, and the crimes listed in the

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