logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 2016.09.29 2016노1345
특수공무집행방해등
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for not less than eight months.

A seized knife (No. 1) shall be confiscated.

Reasons

1. Summary of grounds for appeal;

(a) the sentence of the first instance judgment of the Prosecutor (for six months of imprisonment, confiscation) is too unhued and unreasonable;

B. The punishment of Defendant 2’s original adjudication (two months of imprisonment) is too unreasonable.

2. Prior to the judgment on the grounds of ex officio appeal, prior to the judgment on the grounds of appeal, the prosecutor examined ex officio, and the defendant filed an appeal against the judgment of the court of first instance against the judgment of the court of second instance, and the court decided to concurrently examine each of the above appeals cases.

Each of the crimes committed by the lower judgment convicting the Defendant is in a concurrent crime under the former part of Article 37 of the Criminal Act, and thus, one sentence should be imposed pursuant to Article 38(1) of the Criminal Act. Therefore, the lower judgment is no longer maintained in this respect.

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act, and it is again decided as follows, without further proceeding to decide on the grounds of the above-mentioned reversal ex officio.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by the court are identical to the facts charged and the summary of the evidence, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act and Articles 314(1) (the point of interference with business), 144(1), 136(1) (the point of interference with the performance of special duties) of the Criminal Act concerning the crime, the choice of punishment, and the choice of imprisonment, respectively;

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. The sentencing of Article 48(1) of the Confiscation Criminal Act is due to the following reasons: (a) the sentencing of Article 48(1) of the Confiscation Criminal Act is due to the following: (b) the Defendant’s confession of the crime; (c) the agreement with the victim G; and (d) the suffering of mental illness is a favorable reason for sentencing; and (c) the crime is not good; (d) it does not agree with the victim C; and (e) it is punished for interference with duties and interference with official duties

arrow