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(영문) 대전지방법원 2013.05.02 2013노227
위계공무집행방해
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

Reasons

1. The sentence of one-year imprisonment imposed by the court below on the summary of the grounds for appeal is too unreasonable.

2. In light of the following: (a) the instant crime takes part in the role of multiple accomplices; (b) the degree of participation of the Defendant is relatively minor compared to other accomplices; (c) the Defendant has no criminal record at any time; (d) the Defendant has been detained for a prolonged period of time; and (e) the Defendant has taken into account various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime; and (e) the sentence imposed by the lower court against the Defendant is deemed to be unfair, since it is deemed that the sentence imposed by the Defendant is too excessive. Therefore, the Defendant’s allegation is reasonable.

3. According to the conclusion, the judgment of the court below shall be reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the following judgment shall be rendered again after pleading.

Criminal facts

The summary of the evidence and the facts charged against the defendant recognized by the court and the summary of the evidence are the same as the corresponding column of the judgment of the court below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Articles 137 and 30 of the Criminal Act and the choice of punishment for the crime, and the choice of imprisonment;

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 on the Suspension of Execution ( normal consideration in favor of the above judgment);

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