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(영문) 의정부지방법원 2016.03.30 2015노3104
업무방해등
Text

The judgment of the court below is reversed.

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

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

Reasons

. need to be punished by severe punishment;

However, all of the crimes are recognized by the defendant, and their mistake seems to have been divided into those of the defendant under detention for a period of six months, and the victim's interference with each duty and assault crime is not subject to punishment for the defendant, the defendant has no record of being punished once, interference with the defendant's health with the execution of official duties, the motive for each crime, the means and result of each crime, the circumstances after each crime, the defendant's environment and family relations, and the range of punishment recommended under the sentencing guidelines of the Supreme Court ( June - October 20): Imprisonment for the crime obstructing the performance of official duties, interference with the execution of official duties, first type (Interference with the execution of official duties), basic area, six months - April 2 and three (1 year and April 3): Imprisonment with prison labor for the crime obstructing the performance of official duties, obstruction of duties, interference with the execution of official duties, special mitigation of duties (one year and six months - one year and six months - one year - one year - six, one year and six (1 year - six).

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, and the judgment below is ruled again as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by the court are the same as that of each corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act and Article 314(1) of the Criminal Act (Interference with business, choice of imprisonment), Article 260(1) of the Criminal Act (a) (a point of assault, choice of imprisonment), and Article 136(1) of the Criminal Act (a) (a point of obstructing the performance of public duties and choice of imprisonment);

1. The former part of Article 37 of the Criminal Code, Article 38 Section 1 of the Criminal Code, which increases concurrent crimes.

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