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(영문) 인천지방법원 2018.06.07 2017노4033
공무집행방해
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment with prison labor for up to six months.

(2) the date of this judgment.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of each sentence imposed on the Defendant by the original court (the first instance judgment: the observation of one-year protection under a suspended sentence of four months; the second instance judgment: the suspended sentence of one-year protection under a suspended sentence of six months; the observation of protection under a suspended sentence of one-year) is too unreasonable.

2. Prior to the judgment on the grounds for appeal by the defendant ex officio, the judgment of the court below Nos. 1 and 2 against the defendant was rendered, and both the defendant filed an appeal against each of the above judgment below, and this court decided to hold concurrent hearings of each of the above appeal cases. The first and second judgments against the defendant are related to concurrent crimes under the former part of Article 37 of the Criminal Act, and one sentence should be imposed pursuant to Article 38(1) of the Criminal Act. Thus, all of the judgment of the court below cannot be maintained.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument for sentencing, and it is again decided as follows.

[Grounds for a new judgment] The summary of facts constituting an offense and evidence recognized by the court and the summary of the evidence are as stated 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 the choice of punishment for the crime, Articles 136 (1) of the Criminal Act and the choice of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act ( considered as follows):

1. The reasons for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection and Observation, etc., are as follows: (a) the Defendant recognized each of the crimes of this case; and (b) there is no history of criminal punishment; and (c) the Defendant is against the Defendant.

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