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(영문) 창원지방법원 2019.02.13 2018노2552
공무집행방해
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

Reasons

1. Summary of the grounds for appeal (the original judgment’s imprisonment with prison labor for eight months);

2. The lower court rendered a sentence by taking account of the following factors: (a) the Defendant recognized the instant crime; (b) the Defendant’s mental and physical therapy and the need for supporting the Defendant; (c) the Defendant committed a second offense during the period of suspension of execution due to the same kind of crime; (d) the Defendant committed a same kind of crime in the case of 2018 high group 1141; and (c) the injury has not been recovered at a disadvantage; and (d) other factors of sentencing as indicated in the instant records and arguments, including the Defendant’s age, character and conduct, environment, motive and means of the crime; and (e) circumstances after the crime.

However, in full view of the fact that the Defendant’s crime of this case itself can only be seen as minor if it were to be seen as minor, that the Defendant reflects the Defendant’s depth by submitting several rebuttals in the trial room, that is, the Defendant’s health condition is not good, and that the Defendant’s health condition is also good, and that the Defendant’s family members find the Defendant’s name to the victimized police officer, etc., the lower court’s sentence is somewhat unreasonable, as it has changed in its sentencing condition.

Therefore, the defendant's assertion of unfair sentencing is justified.

3. Since the appeal by the defendant is well-grounded, the judgment below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the following is ruled again after pleading.

[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by the court is identical to the facts constituting a crime and summary of evidence, and thus, the summary of evidence is identical to each corresponding column of the judgment below. Thus, it is acceptable in accordance with Article 369 of

Application of Statutes

1. Relevant provisions concerning facts constituting an offense;

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