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(영문) 서울중앙지방법원 2013.07.04 2013노1605
공무집행방해등
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 2,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (three million won of fine) is too unreasonable.

2. In a case where not less than two insults are made ex officio prior to the judgment on the grounds for appeal by the defendant's ex officio, and where not less than two insults are made, several offenses of insults shall be established according to the number of victims, and where not less than two insults are made by one act at the same time, several offenses of insults shall be

However, according to the records, the defendant recognized that the victim D and E were simultaneously insultingd as a single act, and since this constitutes several crimes, it constitutes a single act, the court below erred in punishing the victim D and E as a substantive concurrent crimes or omitted the application of the ordinary concurrent crimes.

Therefore, the judgment of the court below is erroneous in the misapprehension of legal principles as to the number of crimes, which affected the conclusion of the judgment.

3. Accordingly, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment below is reversed and it is again decided as follows.

[Discied Judgment] The facts constituting an offense and summary of evidence recognized by the court are identical to the facts constituting an offense and summary of evidence, and thus, the gist of evidence is identical to each corresponding column of the judgment of the court below. Thus, they are cited in accordance with Article 3

Application of Statutes

1. Article 311 of the Criminal Act and Article 136 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act among the crimes of insult;

1. Selection of each alternative fine for punishment;

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

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The fact that there is no agreement with the victims of the reason for sentencing under Article 334(1) of the Criminal Procedure Act that the provisional payment order is disadvantageous to the defendant.

However, on the other hand, it is.

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