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(영문) 서울남부지방법원 2018.05.18 2018노220
공무집행방해등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) sentenced by the court below (two years and six months of imprisonment) is too unreasonable.

2. The judgment of the Defendant had the record of having been punished several times for violent crimes, in particular, even though they were punished for repeated crimes, and led to each of the crimes of this case. The crime of obstructing the performance of official duties is highly needed to be punished by the act of light of public authority and disturbing legal order. The Defendant, who is an accomplice C and D, committed an act of non-discriminatoryly assaulting two police officers performing official duties with two police officers, who are co-offenders, and continued to disregard public authority and disregard their legal order by failing to properly reflect the crime immediately after the crime. Each of the crimes of this case was led by the Defendant, etc., which is disadvantageous to the Defendant.

However, considering the fact that the defendant's mistake is against the defendant and the fairness in sentencing with accomplices, taking into account the defendant's age, sexual conduct, means and consequence of the crime, and all other sentencing conditions shown in the records and arguments of this case, the sentence imposed by the court below is too unreasonable and unfair. Thus, the defendant's argument 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 ruled again after pleading as follows.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the description of each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 136(1) and Article 30 of the Criminal Act in relation to the facts constituting an offense (a point of obstructing the performance of official duties) and Articles 257(1) and 30 of the Criminal Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

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

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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