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(영문) 부산지방법원 2015.02.05 2014노3260
공무집행방해등
Text

The judgment of the court below is reversed.

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

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

Reasons

1. The main point of the grounds for appeal is that the court below's imprisonment (eight months of imprisonment) is too unreasonable.

2. Considering that the Defendant’s convictions and violent crimes were committed several times, the risk of recidivism is likely to occur, and thus, a severe warning is required for the Defendant to prevent recidivism.

However, in full view of the following circumstances that are recognized as a comprehensive result of the sentencing review, such as the sentencing investigation in the trial at the trial, i.e., when the defendant committed a mistake, and has been detained for not less than five months in this case, the defendant was living relatively in good faith for the past five years, the damage to the victims is not high, the defendant's economic situation is difficult, and the defendant supports his mother, the defendant is able to control alcohol dependence treatment and continues to receive alcohol dependence treatment after release on bail, and other conditions of the sentencing indicated in the record, the sentence of the court below sentenced to the punishment is too unreasonable.

3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the following is ruled again after pleading.

Criminal facts

The summary of the facts charged and the evidence admitted by the court is identical to each corresponding part 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 Article 347(1) of the Criminal Act, the choice of punishment for the crime, Article 347(1) of the Criminal Act, Article 314(1) of the Criminal Act, Article 136(1) of the Criminal Act, and the choice of imprisonment, respectively;

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 suspended execution

1. Probation;

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