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(영문) 창원지방법원 2018.04.26 2018노562
특수공무집행방해등
Text

The judgment of the court below is reversed.

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

Seized evidence Nos. 1 and 2 shall be confiscated.

(e).

Reasons

1. Progress of litigation;

A. The lower court found the Defendant guilty of both the facts charged in the instant case and sentenced the Defendant to one year and six months of imprisonment.

B. The Defendant appealed against the lower judgment on the ground that the sentencing was unfair, and the trial prior to the remanding of the case accepted the Defendant’s unfair assertion of sentencing, and reversed the lower judgment and sentenced the Defendant to one year’s imprisonment.

(c)

The Defendant appealed against the judgment of the court of first instance before remand.

Accordingly, the Supreme Court reversed the judgment of the court before remanding the case on the grounds that the court below erred by exceeding the bounds of the principle of free evaluation of evidence or by misapprehending the legal principles, and thereby adversely affecting the conclusion of the judgment, and remanded the case to the court of this case.

2. Sentencing sentencing on the gist of reasons for appeal

3. Ex officio judgment (misunderstanding the legal principles on the violation of the Punishment of Violences, etc. Act)

A. On June 9, 2017, at around 10:30 of Jinju-si, the Defendant carried a 2 knife, knife, a dangerous object, of which the Defendant purchased 1 knife and knife (17 cm in total length, 10 cm in knife) (17 cm in knife and knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife kn

B. In full view of the general legal principles and the details of the amendment of the Punishment of Violences, etc. Act (hereinafter “Punishment of Violence”) regarding the interpretation of the relevant penal provisions, the legislative intent and text of Article 7 of the Punishment of Violences Act, the structure of language and text, and the nature and establishment requirements of the crime of violation of the Punishment of Violences Act, Article 7 of the Punishment of Violences Act.

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