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(영문) 부산고등법원 2013.06.26 2013노71
특수공무집행방해치상등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for three years.

Each entry in the General List of Seized Articles.

Reasons

1. The summary of the grounds for appeal (five years of imprisonment) by the lower court is unreasonable.

2. Determination

A. On October 8, 2010, the Defendant was sentenced to one year and six months for the violation of the Act on the Control of Narcotics, etc. on the Aggravated Punishment, etc. on the Aggravated Punishment, etc., and was released on August 19, 201, and again committed a crime of violation of the Act on the Aggravated Punishment, etc., of the same kind in the instant case on the grounds that the Defendant again committed a crime of violation of the Act on the Aggravated Punishment, etc., of the same kind in the instant case on August 19, 2011. The instant crime of violation of the Act on the Aggravated Punishment, etc., of the Narcotics, etc., committed a crime of causing special obstruction of performance of official duties and a crime of violation of the Road Traffic Act on the following grounds: (a) the Defendant administered, delivered, or possessed phiphonephones more than 10 times in total; (b) the nature of the crime is not easy; and (c) the crime of special obstruction of official duties of this case returned to a police officer for about 25 minutes.

On the other hand, the defendant has led to the confession of all the crimes of this case and his mistake in depth, the defendant actively cooperatedd with the investigation by revealing the personal information of a person who administered a phiphone and a person who delivered a phiphone to the defendant, etc. at the investigative agency, the defendant agreed with the victim I of the crime of violation of the Road Traffic Act (measures after Accidents) at the court below, and the defendant agreed with the victim of the crime of obstruction of performance of official duties in the court below, taking into account various conditions of sentencing, such as the defendant's age, criminal record, character and behavior, environment, family relationship, motive and circumstance of the crime, etc.

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