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(영문) 서울중앙지방법원 2014.10.23 2014노3229
공무집행방해등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Reasons

1. The sentencing of the lower court (one year of imprisonment) is too unhued and unreasonable.

2. In a case where two or more persons are insultd ex officio prior to the judgment on the grounds for appeal by the prosecutor of the ex officio judgment, several offenses of insult by victim shall be established, and in a case where two or more persons are insultd by a single act, the relationship between several offenses of insult shall be established;

I would like to say.

As to the insult as stipulated in Article 2 of the 2014 Highest 4130 "(2) of the judgment of the court below, since the defendant insultd the victims at the same time as a single act, the offense of insult is established for each victim, which is in a mutual and commercial competition relationship.

The court below, even though it should be punished as substantive concurrent crimes.

Meanwhile, the above part of the crime shall be sentenced to a single sentence in accordance with Article 38(1) of the Criminal Act, since the remaining convictions in the judgment of the court below and the concurrent crimes under the former part of Article 37 of the Criminal Act are concurrent crimes. Thus, the judgment of the court below cannot escape

3. The judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the prosecutor's argument of unfair sentencing, on the grounds of ex officio reversal as above. The judgment below is reversed and it is again decided as follows.

[Discied 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 of the court below, thereby citing it as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Articles 260(1) and 260(1) of the Criminal Act concerning the crime, Article 136(1) of the Criminal Act, Article 314(1) of the Criminal Act, Article 311 of the Criminal Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (mutually, the offenses of insult in the market);

1. Selection of each sentence of imprisonment;

1. Article 35 of the Criminal Act among repeated crimes;

1. Of concurrent offenders, the sentencing reasons of Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act are lawful performance of official duties of the country.

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