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(영문) 인천지방법원 2014.09.26 2014노2341
업무방해
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Reasons

1. The summary of the reasons for appeal (six months of imprisonment) by the lower court is too unreasonable.

2. Prior to the judgment on the grounds for appeal by the defendant ex officio, the prosecutor applied for changes in the indictment with the contents of the previous facts charged as follows. Since this court permitted this, the judgment of the court below can no longer be maintained.

3. Accordingly, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act, and it is again decided as follows without examining the above ex officio reversal grounds.

Criminal facts

The summary of the evidence and the criminal facts against the defendant recognized by this court and the summary of the evidence are as stated in each corresponding column of the judgment below. Thus, it shall be quoted as it is in accordance with Article 369 of the Criminal Procedure Act, but since the indictment was modified as mentioned above, the last two parts of the judgment of the court below shall be changed as follows.

The Defendant assaulted the above H and I’s arms on one occasion, each of which was reported by the public educational officials H and I, who are teachers of the above high school, on the part of the above public educational official H and I, and on one occasion, on the part of H with the handbag. Accordingly, the Defendant interfered with the performance of duties concerning teachers who are public officials, H and I’s performance of duties.

1. Relevant Article 136 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Of concurrent crimes, the crime of this case on the grounds of sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act among concurrent crimes, provides consultation to the school teacher that the subsidy paid to the defendant by the defendant is not properly used for the ward, and the teacher finds it to the social worker of the community service center as well as the teacher who knows it to the social worker of the community service center and the defendant as her husband.

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