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(영문) 서울서부지방법원 2020.06.04 2020노116
특수공무집행방해등
Text

All judgment of the court below shall be reversed.

Defendant shall be punished by imprisonment with prison labor of four years and ten months and a fine of six hundred thousand won.

The defendant above.

Reasons

Summary of Grounds for Appeal

1) The Defendant, at the destination of destination, was able to see the lower court’s misunderstanding of facts or misunderstanding of legal principles with respect to the fraud part related to 2019Da3367, and the Defendant met X in order to set the victim B’s taxi in order to pay the taxi fees. However, the victim B was able to start the business.

The Defendant had the intent or ability to pay taxi charges.

The defendant in part of the damage to property was a driver of the front of the vehicle, and did not shoulder the rear police officer.

The Defendant did not assault the victim in part of the assault.

The victim himself/herself did not know about the back of the victim.

The defendant did not assault the police officer's face in the area of special obstruction of performance of official duties.

Since the defendant in this Court No. 2019No. 4486 enters a house owned by the defendant who was leased to the victim BA, the crime of intrusion upon residence cannot be established.

A victim BA only has been living for more than three years in the above house, but does not actually reside.

At the time of committing the crime of mental disorder, the defendant was in a state of mental disability due to the polar impulse disorder, impulse disorder, etc.

The punishment sentenced by the court of first instance (four years of imprisonment) of unfair sentencing is too unreasonable.

At the time of committing the crime of mental disorder with respect to the judgment of the court below, the defendant was in a state of mental disorder due to dynamic disorder, impulse disorder, etc.

The punishment sentenced by the court below of the second instance of unfair sentencing (one year and two months of imprisonment) is too unreasonable.

We examine ex officio prior to the judgment on the grounds for appeal ex officio.

The judgment of the court of first instance and the judgment of the court of second instance rendered each judgment against the defendant, and the defendant filed each appeal against them, and this court decided to jointly examine the above two appeals cases.

Each of the above judgments of the court below against the defendant is a concurrent crime under the former part of Article 37 of the Criminal Act and a single sentence should be sentenced in accordance with Article 38 (1) of the Criminal Act.

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