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(영문) 서울중앙지방법원 2017.10.26 2017노2882
폭행등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Reasons

The summary of the grounds for appeal (unfair sentencing) of the lower court's punishment (one year and six months of imprisonment) is too unreasonable.

Judgment

The defendant is against himself while making a confession of crime.

It is relatively old that the defendant is relatively old and is currently unable to properly use the arms with the current wooden disks, etc.

At the time of crime, the defendant seems to have caused a contingent crime in the state of interest in the atmosphere at the time of crime.

The defendant has been punished by a fine of 1 million won in 2012, a fine of 1.5 million won in 2013, a fine of 1.5 million won in 2013, and a fine of 200 million won in several times due to the suspension of the execution of imprisonment with prison labor due to the injury by force in 192, violence in 197, and injury.

The defendant has no record of the same kind of violation of the Assembly and Demonstration Act.

The scope of the recommended punishments according to the sentencing criteria shall be as follows:

Article 1 Crimes (Obstruction of Performance of Official Duties) / [Scope of Recommendation] Crimes / [Scope of Punishment ] Crimes 1 Crimes (Obstruction of Performance of Official Duties / [Obstruction of Performance of Official Duties / 1 year to 4 years] / Where a group or group or group or group or group or group is carrying dangerous things, Crimes 2 (Obstruction of Execution of Official Duties / 1) / The scope of the recommended punishment / 1 year to 4 years] Crimes 3 Crimes / [Scope of Punishment ] Crimes 1 Crimes / Where a group or group or group or group is carrying dangerous things / [Special Aggravationd Persons ] Crimes / [Scope of Punishment ] Crimes 1 Crimes / (General Assaults / 10 months to / 10 months)] The basic area of punishment / [No special person / 3 years to / 10 years to / 10 years to / 10 years to / 10 years to / 10 days to / 10 days after the above circumstances are not set.

3. As the appeal by the defendant is well-grounded, the judgment below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the appeal by the defendant is again decided as follows.

[Judgment to be used again]

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