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(영문) 대전지방법원 2019.08.22 2019노1096
공무집행방해등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

Provided, That the above punishment shall be imposed for three years from the date this judgment became final and conclusive.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for up to eight months) of the lower court is too unreasonable.

2. The judgment of this case is that the defendant inflicted bodily injury on the part of the public official in charge on the ground that the defendant did not treat his own civil petition as one's own desire, and the crime is bad in light of the law and content of the crime, and the defendant has been sentenced to the suspension of execution of imprisonment in 2012, and there are several records of criminal punishment for violent crimes are disadvantageous to the defendant.

However, in full view of all the circumstances, including the Defendant’s confession of the instant crime and living under detention for about four months, and the Defendant’s mistake is against his depth, the degree of interference with official duties or the degree of injury inflicted on the victim, the Defendant agreed with the victim when he was in the first instance trial, and the Defendant appears to have been engaged in a relatively faithful social life for about six years after being sentenced to suspended sentence of imprisonment for obstruction of performance of official duties on April 27, 2012, etc., and the Defendant appears to have been engaged in a relatively faithful social life for about six years since he was sentenced to suspended sentence of imprisonment for obstruction of performance of official duties on April 27, 2012, and other circumstances, such as the motive, background, means and method of the instant crime, the circumstance before and after the instant crime, the Defendant’s age, character and conduct, and environment, etc.

Therefore, the defendant's assertion of unfair sentencing is justified.

3. As such, the defendant's appeal is with merit. Thus, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the following judgment is rendered again.

[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by this court are all the same as that of each corresponding column of the judgment below. Thus, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

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

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