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(영문) 인천지방법원 2020.06.19 2019노3706
공무집행방해등
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for a term of one year and four months.

except that from the date of this judgment.

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the lower court (two years of imprisonment with prison labor for eight months, and forty hours of taking the sexual assault therapy) is too unreasonable.

B. The sentence imposed by the first instance court (two years of imprisonment for a term of eight months suspension, forty hours of alcohol treatment, and 80 hours of community service) is deemed to be too uneasible and unfair.

2. Before determining the grounds for appeal by the Defendant and the prosecutor ex officio, the Defendant filed an appeal against the judgment of the court of first instance against the judgment of the court of first instance, and the pleadings have been combined in the trial. Each of the crimes that the judgment of the court of first instance rendered by the court of first instance is concurrent crimes as provided by the former part of Article 37 of the Criminal Act, and thus, one punishment should be imposed pursuant to Article 38(1) of the Criminal Act. Thus, the judgment of the court of first instance that rendered a separate sentence for each of

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the Defendant and the prosecutor’s allegation of unfair sentencing, on the grounds of ex officio reversal as seen above. The judgment below is reversed in its entirety, and the following is

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

Application of Statutes

1. Article 136 (1) of the relevant Act on the Punishment, etc. of Sexual Crimes, Article 257 (1) of the Criminal Act, Article 14 (2) and (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 319 (1) of the Criminal Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment;

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

1. The conditions under Article 62(1) of the Criminal Act are as follows.

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