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(영문) 수원지방법원 2014.05.01 2013노4943
재물손괴등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

1. Although the defendant's judgment on the assertion of unfair sentencing by the prosecutor recognizes the crime of this case, commits the crime of this case, reflects the mistake, compensates for damages caused by patrols, the defendant has a record of criminal punishment on several occasions. On the other hand, the obstruction of performance of official duties among the crimes of this case is very poor that the defendant committed the crime of using violence, such as cutting the face of the police officer when he/she seeks to unlawfully perform official duties, and taking into account the defendant's age, character and behavior, health, home environment, the background and result of the crime, the circumstances before and after the crime, etc., and all of the kinds of sentencing conditions indicated in the records and arguments of this case, such as the records and arguments of this case, it is deemed unfair that the sentence of the court below (6 months of imprisonment and two years of suspended execution) is somewhat unreasonable.

2. In conclusion, the prosecutor's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by the court is the same as the corresponding column of the judgment below, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant statutory provisions of Article 136(1) of the Criminal Act (the point of obstructing performance of official duties), Article 141(1) of the Criminal Act (the point of damages to public goods), Article 366 of the Criminal Act (the point of destroying and damaging property), the choice of imprisonment for each crime;

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

1. Article 62 (1) of the Criminal Act;

1. The main sentence of Article 62-2 (1) and (2) of the Criminal Act on Probation;

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