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(영문) 부산지방법원 2018.02.23 2017노4801
모욕등
Text

The judgment of the court below is reversed.

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

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

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment is too excessive and unfair (five months of imprisonment with prison labor) (the Defendant withdrawn his/her claim of mental and physical weakness on the date of the first trial of the first trial of the first instance court). 2. Although the Defendant had a record of having been sentenced to the suspended sentence for the same kind of crime, he/she again took a bath for police officers and assaulted them.

, however, the extent of the assault inflicted by the defendant to police officers is serious.

In addition, considering the fact that it is difficult to see it, the fact that the detention life between approximately three months reflects the wrongness, and the equity with the punishment of the same similar case, the sentence of the court below seems to be somewhat unreasonable, and thus, the defendant's unfair argument for sentencing is accepted.

3. As the appeal by the defendant is well-grounded, the judgment below is reversed pursuant to Article 364(2) of the Criminal Procedure Act, and the judgment below is ruled again after pleading as follows.

[Grounds for a new judgment] The summary of facts constituting an offense and evidence recognized by the court and the summary of the evidence are as stated in each corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 311 of the Criminal Act, Article 136 (1) of the Criminal Act, and Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties), and the choice of imprisonment, respectively;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The community service order under Article 62-2 of the Criminal Act;

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