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(영문) 수원지방법원 2015.05.29 2015노1858
위계공무집행방해등
Text

The judgment of the court below is reversed.

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

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

1. The sentence imposed by the court below on the defendant (eight months of imprisonment) is too unreasonable.

2. The judgment that the defendant deceivings a public official by using the status as an architect and received money from the owner in return for the deception, and that the crime of this case was committed systematically and systematically, the defendant should be punished for severe punishment.

However, considering the following circumstances: (a) the Defendant confessioned the entire crime of this case from the investigative agency to the trial court; (b) the Defendant returned to the owner N all the design cost received in relation to the crime of this case Nos. 4 and 5, which was held in the judgment of the court at the time of the trial; (c) the Defendant did not have any other criminal power, except for the punishment of fines twice due to drinking driving; and (d) other circumstances, which are the conditions for sentencing as indicated in the records and arguments of this case, such as the motive and background of the crime of this case; (d) the circumstances after the crime of this case; (e) the Defendant’s age; and (e) the Defendant’s character and behavior, and the environment

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

Criminal facts

The summary of the evidence and the facts charged by the defendant and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below, and they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Articles 137 of the Criminal Act and the choice of punishment for the crime: Article 137 of the Criminal Act; Article 30 of the Criminal Act; Article 31 (2) 3 of the Act on Special Measures for Designation and Management of Development Restriction Zones; the proviso to Article 12 (1); Article 30 of the Criminal Act and the choice of imprisonment, respectively;

1. Of concurrent crimes, the former part of Article 37 and Article 38(1) of the Criminal Act are applicable;

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