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(영문) 청주지방법원 2019.07.25 2019노836
특수공무집행방해등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

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

Reasons

1. The sentence of the lower court (one year of imprisonment) against the accused against the summary of the grounds for appeal is too unreasonable.

2. In light of the Defendant’s inhuman and dangerous words and behavior shown in each of the instant crimes, such as the knife of judgment, heavy bath, and heavy driving, etc., it seems necessary to recognize the Defendant’s strictness of laws and regulations through punishment.

However, the Defendant committed each of the crimes of this case, resulting in a violation of the victim M andO in depth. However, after the sentence of the lower judgment, the Defendant agreed with the victim M andO solely after the sentence of the lower judgment, and the Defendant appears to have committed each of the crimes of this case while he neglected to use his study and operation of Kind's house and neglected to take the clothes of his mind and prescription. Accordingly, each of the crimes of this case was derived from anti-social tendency.

In light of the fact that it seems necessary to correct a mental disease that has yet to be sufficiently mature, such as norm consciousness and decentralization disorder, as much as possible, rather than severe punishment, it is necessary to correct that the defendant is aware of his own mental disorder and has his father's guidance, and is planning to receive treatment in good faith. In addition, considering the following factors: the defendant's age and character, character, intelligence, environment, motive, means and consequence of the crime, circumstances after the crime, etc., the above punishment of the court below is too unreasonable.

3. If so, the defendant's appeal is reasonable, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided after pleading as follows.

[Discied Judgment] The criminal facts recognized by the court and the summary of the evidence are the same as the entries of each corresponding column of the judgment of the court below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. The corresponding criminal provisions of the Criminal Act concerning the facts of crime; and

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