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(영문) 춘천지방법원 강릉지원 2015.12.10 2015노556
공무집행방해등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Reasons

1. The sentence imposed by the court below (one year of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. We examine ex officio prior to the judgment on the grounds for appeal by the defendant for ex officio judgment.

With respect to the violation of the Punishment of Violences, etc. Act (a collective action, deadly weapon, etc.) among the facts charged in this case in the trial of the party, the prosecutor shall regard the name of the crime as "special property damage" in violation of the Punishment of Violences, etc. Act (a collective action, deadly weapon, etc.). Articles 3(1) and 2(1)1 of the Punishment of Violences, etc. Act and Article 366 of the Criminal Act (a) and Article 366 of the Criminal Act (b) of the same Act shall apply for the amendment of indictment with regard to the applicable provisions of the same Act. This court permitted the amendment, thereby changing the subject of the judgment. The court below sentenced that the above crimes and the remaining crimes are concurrent crimes under the former part of Article 37 of the Criminal Act and sentenced to a single punishment. Accordingly, the judgment of the court below shall be reversed without omitting the judgment of the court below on the grounds of ex officio reversal, and the judgment below shall be reversed, and the summary of the crime and the relevant evidence shall be cited in accordance with Article 364(2) of the Criminal Procedure Act.

Application of Statutes

1. Article 136(1) of the Criminal Act, Articles 369(1) and 366 of the Criminal Act, Article 260(1) of the Criminal Act, Articles 63(1)1 and 40(1) of the Act on Special Cases Concerning the Punishment, etc. of Crimes of Domestic Violence.

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