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(영문) 서울중앙지방법원 2016.03.17 2015노4903
공무집행방해등
Text

The judgment of the court below is reversed.

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

Reasons

1. The decision of the court below on the gist of the reasons for appeal (eight months of imprisonment) is too unreasonable.

2. According to the evidence duly adopted and examined at the lower court’s ex officio determination, the Defendant was sentenced to imprisonment with prison labor for six months on October 5, 2012 in Sungnam support, including fraud, and completed the execution of the sentence on January 26, 2013, and the Defendant committed each of the instant crimes within three years thereafter.

Therefore, the lower court erred by omitting the sentence within the scope of the punishment aggravated for repeated crime under Article 35 of the Criminal Act with regard to each of the crimes of this case, even though it is necessary to determine the applicable punishment.

3. The judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment of the court below is reversed, and the following is again decided after pleading.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court and the summary of the evidence are the same as the 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. Relevant provisions of the Criminal Act, Article 257(1) (the point of injury) of the Criminal Act, Article 136(1) (the point of obstructing the performance of official duties) of the Criminal Act, and Article 136(1) (the point of obstructing the performance of official duties) of the

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. Reasons for sentencing under the former part of Article 37 of the Criminal Act, Articles 38(1)2 and 50 of the Act on the Aggravated Punishment of Concurrent Crimes [the scope of recommending punishment] - Each crime: Class 1 (General Bodily Injury), the mitigation area (Minor Bodily Injury), 2-1 year from 2 months to 1 year from 1 year from 1 year from 1 year from 6 months from 6 months from 1 year from 2 years from 4 months of 1 year from 6 months of 1 year from 1 year of 1 year of 1 year: The scope of sentence due to multiple crimes: June 2 years and 4 months (determination of sentence) of the defendant's age, occupation, sex, family relationship, circumstances after crimes, etc., and all the sentencing conditions as shown in the records and the theory of changes, as indicated in the Disposition.

The favorable circumstances: Recognizing the instant crime.

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