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(영문) 인천지방법원 2015.09.03 2015노1370
특수공무집행방해등
Text

Of the judgment of the court below of first instance, the part against Defendant A and the judgment of second court shall be reversed.

Defendant

A shall be punished by imprisonment for two years.

Reasons

1. The summary of the grounds for appeal argues that the first instance court's sentence (for defendant A: one year and two months of imprisonment; two years of probation; two years of community service; one year and six years of probation; three years of probation; three years of probation; one year and six years of probation; one year and three years of probation; one year and three years of community service; two hours of probation; and two years of probation) imposed on the Defendants; Defendant A and V are too unreasonable; the prosecutor asserts that the prosecutor is too uneasible; the second court's sentence imposed on Defendant A (one year and six months of imprisonment); and the second court's sentence (one year and six months of imprisonment) is too unreasonable.

2. We examine the prosecutor's argument against the defendant A (the first instance judgment) and the defendant's argument (the first and second instance judgment) as to the first instance judgment on the part of the court below, and examine the grounds for appeal against the defendant and the second instance judgment ex officio prior to the judgment on the grounds for appeal against the defendant.

On April 8, 2015, the Defendant was sentenced to one year and two months of imprisonment for fraud, etc. at the Incheon District Court, and two years of suspension of execution on July 2, 2015. The judgment became final and conclusive on July 2, 2015. On the other hand, the crime of the above crime for which judgment became final and conclusive are concurrent crimes under the latter part of Article 37 of the Criminal Act, and the crime of the latter part of Article 39(1) of the Criminal Act, which was decided by the court of first instance after considering the equity and the mitigation or exemption of punishment pursuant to

In addition, among the judgment of the court of first instance, the prosecutor and the defendant filed each appeal against the part of the judgment of the court of first instance, and the defendant filed each appeal against the judgment of the court of second instance, and the court of second instance decided to jointly examine the above appeal cases. Each of the offenses against the defendant of the court of first and second instance falls under concurrent crimes under the former part of Article 37 of the Criminal Act, and thus, one punishment shall be imposed within the scope of the term of punishment imposed for concurrent crimes pursuant to Article 38(1) of the Criminal Act.

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