logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2013.03.28 2012노4006
공무집행방해등
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

1. Each sentence (No. 1: Imprisonment with prison labor for 1 year and 6 months, and 4 months) that the original judgment pronounced by the original judgment on the gist of the grounds of appeal is too unreasonable.

2. The Court ex officio rendered a consolidated examination of each appeal against the judgment below.

Each crime in the holding of the court below is a concurrent crime under the former part of Article 37 of the Criminal Act, and a sentence shall be imposed in accordance with Article 38(1) of the Criminal Act.

The judgment of the court below has reasons for ex officio destruction.

The judgment of the court below is reversed pursuant to Article 364(1) of the Criminal Procedure Act, without proceeding to decide on the grounds for appeal by the defendant, and the judgment is again ruled as follows.

Criminal facts

The summary of facts and evidence acknowledged by this court is as follows: Article 369 of the Criminal Procedure Act is added to "injury" following the "Obstruction of Performance of Official Duties" in Section 2 of the first instance judgment; Article 369 of the Criminal Procedure Act is the same as the corresponding column of the original judgment, except for deletion of the part of the criminal facts in the second instance judgment.

Application of Statutes

1. Article 152 subparagraph 1 of the Road Traffic Act, Article 43 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Articles 148 and 54 (1) of the Road Traffic Act, Articles 148 and 148-2 (2) 3 and 44 (1) of the Road Traffic Act, Article 136 (1) of the Criminal Act, Article 257 (1) of the Criminal Act, Article 89-2 subparagraph 1 of the Military Service Act, each of the following acts concerning criminal facts;

1. Articles 40 and 50 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the Act on the Aggravated Punishment, etc. of Specific Crimes) and the Act on the Aggravated Punishment, etc. of Specific Crimes (the Act on the Aggravated Punishment, etc. of Specific Crimes) and the Act on the Aggravated Punishment, etc. of Specific Crimes (the Act on the Aggravated Punishment, etc. of Specific Crimes).

arrow