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(영문) 부산지방법원 2013.06.28 2013노954
공무집행방해등
Text

All the judgment below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

provided that this ruling has become final and conclusive.

Reasons

1. Regarding the summary of the grounds for appeal No. 2, the Defendant was in a state of mental and physical disability due to exploitation at the time of the instant crime, and each of the punishments of the lower judgment (the first instance judgment: imprisonment with prison labor for a period of one year and six months, and the second instance judgment: imprisonment with prison labor for a period of six months) is deemed unfair.

2. Prior to the judgment on the grounds of appeal for the judgment, the cases of the judgment of the court below Nos. 1 and 2 were consolidated into the trial of the court below, and the crimes of the court below Nos. 1 and 2 are concurrent crimes under the former part of Article 37 of the Criminal Act, and the party members determined that it is reasonable to sentence one punishment for each of the above crimes in accordance with Article 38(1)2 of the Criminal Act. Thus, the judgment of the court below is no longer maintained.

3. In conclusion, the judgment of the court below Nos. 1 and 2 has the above reasons for ex officio reversal. Thus, all of them shall be reversed pursuant to Article 364(2) of the Criminal Procedure Act, and the following is decided through pleading.

Criminal facts

The summary of facts and evidence recognized by the court is identical to the facts and the summary of the court below's judgment in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 136(1) of the Criminal Act for the crime concerned (the point of obstructing performance of official duties), Article 141(1) of the Criminal Act (the point of damage to public goods), Articles 3(1) and 2(1)3 of the Punishment of Violences, etc. Act, Article 257(1) of the Criminal Act, Article 347(1) of the Criminal Act, Article 366 of the Criminal Act for the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (a punishment imposed on the crimes of obstruction of the performance of official duties, the crimes of damaging public objects, and the crimes of damaging public objects, the punishment of which is heavier);

1. Selection of imprisonment with prison labor for the crime of damage to public goods selected, crime of fraud, and damage to property;

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

1. Discretionary mitigation;

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