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(영문) 의정부지방법원 2015.07.28 2015노749
공갈미수등
Text

1. Defendant A

A. The part of each judgment of the court below against the defendant is reversed.

B. One year of imprisonment.

Reasons

1. Summary of grounds for appeal;

A. Defendants A) 1 of the case 2015Da589 of the 2015 Godan589, Defendant A (hereinafter “instant subsequent act”) enter and attach a seizure tag to the PP BP operated by F on June 12, 2014, along with Defendant A and Non-Named names, and enter and attach a seizure tag to the said BP operated by Defendant F on June 26, 2014, and the crime of interference with the performance of duties performed by enforcement officers and the crime of interference with public official qualification (hereinafter “instant subsequent act”) and the crime of interference with the performance of duties performed by Defendant F on June 26, 2014 and the name of a public official qualification (hereinafter “instant subsequent act”) were committed continuously for a certain period under the single and continuous criminal intent to attract F.

B) The punishment of the lower court (one year of imprisonment) on the grounds of unfair sentencing is too unlimited and unfair. 2) Defendant I (B) the second instance court’s punishment (one million won of fine) on the grounds that it is too unreasonable.

B. The first sentence of the lower court against Defendant A (ten months of imprisonment, two years of suspended sentence, two years of probation, and one hundred and twenty hours of community service order) is too uneased and unreasonable.

2. Ex officio determination

A. After the court of the first and second instance rendered separate hearings against Defendant A in accordance with the order of 2014 Goyang Branch Court of the Gu Government District Court of the second instance as well as 2199, 2014 Godan 2852, 2015 Godan29, 2015 Godan29 and 2015 Godandan589, 2015 Godan765 (Merger), the court sentenced Defendant A to the punishment of imprisonment for 10 months, 2 years of suspended execution (the first instance court), and 1 year of imprisonment (the second instance court judgment), the prosecutor appealed against the first instance court judgment, and the defendant filed an appeal against the second instance court judgment, and the court of the first instance decided to concurrently examine each of the above appeals cases.

B. Each crime of the lower court against Defendant A is in a concurrent crime relationship under the former part of Article 37 of the Criminal Act, and should be sentenced to a single sentence within the scope of the term of punishment aggravated for concurrent crimes pursuant to Article 38(1) of the Criminal Act. Therefore, the lower court’s judgment against the Defendant cannot be reversed in its entirety.

(c).

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