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(영문) 서울서부지방법원 2013.09.12 2013노414
공무집행방해등
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 8,000,000.

The above fine shall not be paid by the defendant.

Reasons

Summary of Grounds for Appeal

Punishments (fines 8,00,000) imposed on the defendant by the court below are too unreasonable.

We examine ex officio prior to the judgment on the grounds for appeal by the defendant.

In the case of insulting several persons by expressing abstract judgments or sacrific sentiments that may undermine social evaluation, several offenses of insult are established according to the number of victims. In the case where such sacrific expressions were made in the same opportunity at the same place, and where such sacrific expressions were deemed to have been made in the same opportunity at the same place, several offenses of insults are in a mutually competitive relationship.

Of the facts charged in the instant case, each insult of the facts charged by the Defendant refers to the victim G and H, who is the police officer, to the large volume of “the head fested fright,” “the head frighting frighting frighting frighting frighting frighting frighting frighting frighting frighting frighting frighting frighting frighting frighting frighting frighting frighting frighting frighting frighting frighting frighting frighting frighting frighting frighting frighting frighting frighting frighting frighting frighting frighting frighting f

Therefore, the judgment of the court below can no longer be maintained.

Therefore, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment below is reversed and it is again decided as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns 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

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