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(영문) 부산지방법원 2018.02.22 2017노4859
특수공무집행방해등
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

The sentence of the lower court (eight months of imprisonment) against the accused of the summary of the grounds for appeal is too unreasonable.

Judgment

The crime of this case was committed by the police officer with a knife knife that is a dangerous object, and the police officer's knife knife knife knife that knife knife knife that knife knife knife that knife knife knife that knife knife knife.

However, it is recognized that the punishment of the court below against the defendant is unfair because it is too unreasonable, considering the following circumstances: the defendant led to the confession of the crime of this case and reflects the mistake in depth; the defendant agreed with the damaged police officers; the damaged police officers paid the compensation for damage to the damaged public goods; the police officers prepared and submitted a written application to the defendant that he was fluoring the defendant's wife; the defendant was under the opening fluoring fluor around August 2016; the defendant was not in good health condition; there was no particular criminal history for the defendant; the defendant did not have any other criminal history; and all other circumstances, which form the conditions for the sentencing specified in the argument of this case, such as the defendant's age, sexual behavior, environment, etc.

Therefore, the defendant's argument that the above sentencing is unfair is justified.

Therefore, the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal is therefore reasonable, and the judgment below is ruled as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by the court is identical to each corresponding column of the judgment below, and thus, the summary of the facts charged and the evidence is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Articles 144(1), 136(1) (a)) of the Criminal Act and Article 141(1) (a) of the Criminal Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Code of the Commercial Concurrent Crimes (which shall be between interference with the execution of each special official duty);

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