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(영문) 제주지방법원 2020.11.19 2020노432
공무집행방해등
Text

All of the first and second original judgments shall be reversed.

A defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

1. The judgment of the court below against the defendant of the summary of the grounds for appeal (the first judgment of the court below: 1 year of imprisonment and 6 months of imprisonment) is too unreasonable.

2. Each judgment of the first and second original courts rendered a judgment on the defendant's ex officio judgment, and the defendant filed an appeal against each of the above two appeals cases, and this court decided to hold a joint trial. Each of the offenses against the defendant in the first and second original judgments is concurrent crimes under the former part of Article 37 of the Criminal Act and should be sentenced to one sentence pursuant to Article 38 (1) of the Criminal Act. Thus, the first and second original judgments cannot be maintained as they are.

3. If so, the judgment of the court of first and second trials on the grounds of ex officio reversal as seen above is reversed, and the judgment of the court of first and second trials is reversed pursuant to Article 364(2) and (6) of the Criminal Procedure Act without examining the defendant's above assertion of unfair sentencing, and it is again decided as follows after pleading.

【The reasoning of the judgment, which was written in 201, is justified. The summary of the facts constituting the crime and the evidence admitted by the court of the court of the first instance is as follows: (a) the first instance court's summary of the evidence is as follows: (b) the first instance court's summary is as follows; and (c) the third or five criminal records among the facts constituting the second court's criminal facts were as progress; and (d) on June 4, 2020, the Jeju District Court sentenced 1 year

8. The appeal is pending in the same court of appeal.

“Along with the process”.

As stated in each corresponding column of the judgment of the first and second court except for "ro-on", it shall be quoted as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 136 (1) of the Criminal Act, Article 257 (1) of the Criminal Act, Article 260 (1) of the Criminal Act, Article 366 of the Criminal Act, Article 314 (1) of the Criminal Act, Article 314 (1) of the Criminal Act, as to the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (Joint Crimes of Obstruction of Performance of Official Duties and of Bodily Injury);

1. Punishment;

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