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(영문) 부산지방법원 2018.09.21 2018노1645
공무집행방해등
Text

The judgment below

Of them, the part against Defendant A shall be reversed.

Defendant

A shall be punished by imprisonment with prison labor for one year.

Defendant

B.

Reasons

1. Summary of grounds for appeal;

A. Each sentence (Defendant A: Imprisonment with prison labor for one year and two months, and Defendant B: imprisonment with prison labor for ten months) declared by the lower court is too unreasonable.

B. The above punishment, which the court below decided against the Defendants, is too unhued and unfair.

2. Determination

A. It is recognized that, in light of the form of each of the instant crimes and the method of taking measures against Defendant A and the public prosecutor’s each of the instant offenses, the liability for the crime is grave, Defendant A has a history of fine, suspension of execution of official duties, obstruction of execution of official duties, crime of fraud, etc., as well as the fact that Defendant A repeatedly committed each of the instant crimes without being aware of during the period of suspension of execution due to fraud, and even at the same time, it appears that Defendant A had played a leading role in the instant fraud, the amount of fraud is the larger amount that exceeds the total amount of KRW 10 million, and the fact that the recovery of damage has not been properly achieved.

However, Defendant A made a confession of all the crimes and divided his mistake, the victim of the injury and the police officer did not want to be punished by the Defendant; the victim and the victim did not want to be punished by the Defendant; the Defendant paid part of the fraudulent damage to the Defendant at the time of the trial; the Defendant A’s age, sexual conduct, environment; the motive, means, and result of each of the crimes in this case; and the scope of recommended sentencing guidelines for the enactment of the Supreme Court sentencing committee, such as the circumstances after the commission of the crime, etc., should be taken into account, the sentence imposed by the lower court against Defendant A is too unreasonable.

Therefore, Defendant A’s assertion is reasonable, while Prosecutor’s assertion is without merit.

B. The lower court rendered a sentence as above by taking into account the favorable and unfavorable circumstances to Defendant B, as well as the unfavorable circumstances, on each of the following grounds: (a) Defendant B and the prosecutor’s each of the aforementioned Defendant’s unfair sentencing

Defendant

B For the first time in the trial, the court below's decision.

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