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(영문) 인천지방법원 2016.09.09 2016노2868
특수공무집행방해
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Reasons

1. The decision of the court below (one year and six months of imprisonment) against the defendant on the summary of the grounds for appeal (unfair sentencing) is too unreasonable.

2. The method and content of the instant crime is not very good in light of the nature of the crime, and despite the fact that the Defendant had been punished several times for the same crime, there is a high possibility of criticism in that he/she again commits the instant crime during the period of repeated crime due to the same crime. However, on the other hand, the Defendant recognizes and is against the depth of the crime, and further does not engage in the future illegal organization activities.

In full view of the following circumstances: (a) the public official F, who was subject to the assault and intimidation in this case at the court below, submitted an application for a non-guilty punishment against the defendant; (b) training districts and vice-si public officials wanted to have the defendant's wife; (c) there was no significant result from the defendant's act; (d) the defendant's personal interest does not seem to have reached the crime in this case; and (e) other various circumstances, which are the conditions for sentencing as shown in the record, such as the defendant's age, sex and environment, motive, means and consequence of the crime; and (e) other circumstances, such as the defendant's motive, means and consequence of the crime, etc., the sentence of the court below is somewhat unreasonable, and thus, the above argument by the defendant is reasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit, and the judgment below is reversed and it is again decided as follows

Criminal facts

The summary of the judgment of the court below is identical to each corresponding column of the judgment below, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 144 (1) and Article 136 (1) of the Criminal Act concerning the facts constituting an offense and Articles 144 (1) and 136 (1) of the Criminal Act that choose a penalty;

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

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