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(영문) 대전지방법원 2019.07.04 2018노3429
공무집행방해등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for up to eight months, suspension of execution for two years, probation) of the lower court is deemed unreasonable.

2. The circumstances favorable to the defendant include the following: (a) the degree of interference with business performed by the defendant was not hot; and (b) the victim of the crime of interference with business committed on February 24, 2018 did not want the punishment of the defendant.

However, the Defendant committed each of the instant crimes, even though he had the record of punishment three times due to the obstruction of performance of official duties, even though he had been under investigation or trial on charges of obstruction of official duties and obstruction of official duties on November 17, 2017, even though he was under investigation or trial on charges of obstruction of official duties, committed the crime of obstruction of official duties on February 24, 2018, and the Defendant did not have been used by the victim of the crime of obstruction of business as of November 17, 2017 or the police officer from the injury of the crime of obstruction of official duties, such as the fact that he did not have been used again by the victim of the crime of obstruction of official duties as of November 17, 2017 or the fact that he did not have been used by the victim of the crime of obstruction of official duties or the police officer from the harm of the crime of obstruction of official duties, the lower court’s punishment against the Defendant is deemed to be unfair, taking into account the circumstances unfavorable to the Defendant and other circumstances.

Therefore, the prosecutor's argument of unfair sentencing is justified.

3. In conclusion, the prosecutor's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.

[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by the court is identical to each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 136 of the Criminal Act concerning criminal facts and the choice of punishment

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