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(영문) 의정부지방법원 2013.07.26 2013노929
공무집행방해등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

1. The sentence imposed by the court below (ten months of imprisonment) is too unreasonable.

2. The fact that the defendant has the same criminal records more than 10 times in the judgment, and that the crime in the judgment was committed during the period of repeated offense is disadvantageous to the defendant.

However, in full view of the following circumstances: (a) the Defendant is a physically disabled person with a physical disability with left arms cut; (b) the Defendant recognized all the crimes as indicated in the judgment of the Defendant and repented misjudgments; (c) the Defendant’s age, character and conduct, intelligence and environment; (d) background leading to this case; (e) circumstances leading to this case; and (e) the sentencing conditions specified in the argument of this case, the sentence imposed by the lower court against the Defendant is somewhat unreasonable; and (e) the Defendant’s above assertion is reasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is with merit, and the following judgment is rendered again after pleading.

Criminal facts

The summary of the facts and evidence recognized by the court is the same as the corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act and Article 136 (1) of the Criminal Act (the point of obstructing performance of official duties, choice of imprisonment), and Article 260 (2) and (1) of the Criminal Act (the point of violence to a lineal ascendant and choice of imprisonment);

1. Article 35 of the Criminal Act of Aggravation of Cumulative Offense (Inasmuch as there are previous convictions at the time of original adjudication, each of the above crimes)

1. Of concurrent crimes, the same as examined in the above reasons for the reversal of sentencing under the former part of Article 37, Articles 38(1)2 and 50 of the Criminal Act

It is so decided as per Disposition for the above reasons.

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