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(영문) 춘천지방법원 2015.12.23 2014노1084
공무집행방해등
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of seven million won.

The above fine shall not be paid by the defendant.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor and two years of suspended sentence for six months) of the lower court is too unreasonable.

2. The judgment of the defendant is an offense against the public authority that duly enforces the law and requires strict punishment for the recovery of public confidence in the public authority, and there are records of the defendant being punished for the damage of public goods and the obstruction of performance of official duties. However, considering the fact that the defendant recognized the crime of this case and reflects the fact that the defendant has been punished for the damage of public goods and the crime of the obstruction of performance of official duties, the defendant agreed that the victim of the crime of the obstruction of performance of official duties was committed in the trial, that the public official who was injured by the obstruction of official duties wanted to have a preference of the defendant, that the court below deposited a certain amount of money for the victims and the damaged public officials, that there was no criminal power after 204, and that there was no other criminal power, and that the sentence of the court below is unfair as a result.

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.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are as shown in each corresponding column of the judgment below, and 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 and Article 311 of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of a fine for each type of punishment;

1. Of concurrent crimes, the former part of Article 37, and Articles 38 (1) 2 and 50 of the Criminal Act (within the scope of adding up the amounts);

1. Articles 70(1) and 69(2)1.

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