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(영문) 서울북부지방법원 2013.08.08 2013노378
공무집행방해등
Text

The judgment of the court below is reversed.

Defendant

A and B shall be punished by a fine of KRW 1.5 million, by a fine of KRW 1.0 million.

Reasons

The Defendants asserted that the lower court’s punishment is too unreasonable as the grounds for appeal of this case are too unreasonable.

In full view of all the sentencing conditions and the defendants' errors in the records and arguments of this case, and the defendants appeal against the defendants in the side of the Seoul Gangseo-gu Office that suffered damage from the crime of this case, the court below's punishment against the defendants is too unreasonable.

Therefore, since the defendants' appeal is well-grounded, 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.

Criminal facts

The summary of the evidence and the criminal facts of the Defendants recognized by this court and the summary of the evidence are as stated in each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 2 (2) and Article 2 (1) 1 of the Punishment of Violences, etc. Act as to the crime, Article 319 (1) of the Criminal Act, Articles 136 (1) and 30 of the Criminal Act, the selection of fines, and the selection of fines;

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

1. Articles 70 and 69 (2) of the Criminal Act for detention in a workhouse;

1. Article 334 (1) of the Criminal Procedure Act, each of the provisional payment orders;

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