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(영문) 의정부지방법원 2013.05.02 2012노2204
공무집행방해등
Text

The judgment of the court below and the judgment of the court below are reversed.

A defendant shall be punished by imprisonment for six months.

Reasons

1. The punishment of the original judgment of the second instance against the summary of the grounds for appeal is too unreasonable;

(2) The defendant filed an appeal against each of the above two appeals decisions, and the court of first instance decided to jointly examine each of the above two appeals cases, on the ground that the first instance court and the second instance court have a relation of concurrent crimes under Article 37 of the Criminal Act and each of the offenses under Article 38(1) of the Criminal Act should be sentenced to one punishment within the scope of concurrent crimes under Article 38(1) of the Criminal Act, on the ground that the first instance court and the second instance court have a relation of concurrent crimes under Article 37 of the Criminal Act, and thus, the defendant cannot be exempted from all of the judgment below.

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the Defendant’s assertion of unfair sentencing, on the grounds of ex officio reversal, and it is again decided as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by this court is as follows: (a) except for addition of “1. Defendant’s oral statement” to the summary of each evidence in the first and second judgment, the summary of the facts charged and the evidence is identical to each corresponding column of the first and the second judgment; and (b) thus, it is cited as it is in accordance with Article 369

Application of Statutes

1. Relevant Article 148-2 (2) 2, Article 44 (1) of the Road Traffic Act (a point of sound driving) and Article 257 of the Criminal Act concerning criminal facts;

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