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(영문) 대전지방법원 2016.09.22 2016노841
공무집행방해
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 2,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) that the court below rendered on the defendant is too unreasonable.

2. In full view of various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the Defendant’s age, environment, sexual conduct, motive for the crime, and circumstance before and after the crime, the sentence imposed by the lower court is deemed unreasonable and unreasonable, and thus, the Defendant’s wrongful assertion of sentencing is reasonable.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and the judgment below is ruled again as follows.

【Grounds for another judgment】 The facts constituting the offense against the defendant recognized by the court and the summary of the evidence are identical to the facts stated in the corresponding column of the judgment below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 136 (1) of the Criminal Act applicable to the relevant criminal facts and Article 136 of the choice of punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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