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(영문) 창원지방법원 2017.01.18 2016노2406
특수공무집행방해등
Text

1. All the judgment below is reversed.

2. The defendant shall be punished by imprisonment with prison labor for one and half years;

Reasons

1. Summary of grounds for appeal;

A. The punishment of Defendant 1’s decision on the original adjudication (one and half years of imprisonment) and the punishment of the decision on the second adjudication (three million won of punishment) are too unreasonable.

(b) The form of the first original ruling of the Prosecutor is too unhued and unreasonable;

2. Prior to the judgment on the grounds for ex officio appeal, the judgment of the first and the judgment of the second court against the defendant was rendered, and all the defendants filed an appeal against the judgment of the first court. The court decided to hold concurrent hearings of the above two appeals. The crimes of the first and second judgment against the defendant are concurrent crimes under the former part of Article 37 of the Criminal Act, and one punishment should be sentenced in accordance with Article 38(1) of the Criminal Act. Thus, the judgment of the first and second judgment cannot be maintained in entirety.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining each of the unfair arguments by the defendant and the prosecutor, and the following is again decided after pleading.

[Re-written judgment] The summary of the facts constituting an offense and evidence recognized by the court and the summary of the evidence are identical to the facts stated in each corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Articles 144(1), 136(1) (the point of obstructing the performance of official duties for carrying dangerous articles), 144(1), and 141(1) (the point of damaging dangerous articles carrying dangerous articles), Articles 369(1), 366 of the Criminal Act, Articles 151-2 and 46-3 (the point of causing damage to carrying dangerous articles) of the Road Traffic Act, Articles 81-2 and 12(1) of the Automobile Management Act, Article 46(2)2, the main sentence of Article 8 of the Guarantee of Automobile Compensation Act (the point of failing to file an application for registration of ownership transfer), Article 31-2, and Article 31-2 of the Criminal Act (the point of causing damage to carrying dangerous articles), and Article 31-3 of the same Act (the point of operating mandatory insurance), and Article 46(2)2, the main sentence of Article 8 of the Guarantee of Automobile Compensation Act, respectively;

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