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(영문) 울산지방법원 2016.04.22 2016노445
공무집행방해등
Text

All of the convictions in the judgment of the court of first instance and the judgment of the court of second instance shall be reversed.

A defendant shall be punished by imprisonment for two years.

Reasons

1. Progress of litigation;

A. As to the Defendant, the lower court sentenced the Defendant to a fine of KRW 3 million due to interference with the performance of official duties, and the lower court sentenced the Defendant to two years of imprisonment due to a violation of the Act on Promotion of the Use of Information and Communications Network Utilization and Information Protection, Etc., and dismissed the public prosecution regarding assault against the Victim C.

B. As to this, the Defendant appealed from the judgment of the court of first instance and the judgment of the court of second instance on the ground that sentencing was unfair, and the court of first instance and the judgment of the court of second instance prior to the return were all reversed and sentenced to two years of imprisonment.

(c)

A defendant filed an appeal against the judgment of the court before remanding the case on the grounds of unfair sentencing. The court of final appeal rendered a judgment prior to the remanding the case on the grounds that the defendant was guilty of committing an offense under Articles 3(1) and 2(1)3 of the former Punishment of Violences, etc. Act (amended by Act No. 13718, Jan. 6, 2016; hereinafter “former Punishment of Violences”), Article 257(1) of the Criminal Act, and Article 257(1) of the Criminal Act, against the judgment of the court prior to the remanding the case, the defendant was punished by imprisonment with prison labor for not less than 13718 of the Act on Punishment of Violences, etc. (amended by Act No. 13718, Jan. 6, 2016; hereinafter “Special Act on Punishment of Violences, etc.”) by carrying a dangerous weapon, and Article 3(1) of the former Punishment of Violences, etc. Act, which was amended by Act No. 13719, Jan. 28, 2016.

Article 258-2(1) of the former Punishment of Violence Act, instead of deleting Article 3(1) of the former Punishment of Violences Act, which provides for an aggravated composition requirement of Article 257(1) of the Criminal Act, is newly established, and the statutory penalty is lower than that of Article 3(1) of the former Punishment of Violences Act. In general, there is a sign of the aggravated composition requirement.

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