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(영문) 창원지방법원 2014.12.04 2013노1820
사기등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

Reasons

1. The prosecutor of the gist of the grounds for appeal asserts that the sentence of the court below (two years of probation, one hundred and sixty hours of probation, and one hundred and sixty hours of social service) is unhued and unreasonable.

2. The judgment that the defendant agreed with the victim D, and that the defendant has no penalty power exceeding fines for the same kind of crime, etc. are favorable to the defendant.

However, considering the following circumstances: (a) the Defendant acquired the drinking value, etc. repeatedly on three occasions; (b) the need to punish the crimes of obstruction of performance of official duties of the State in order to protect the legitimate performance of official duties of the State; and (c) the Defendant’s age, character and conduct, environment, motive and background of the crime, means and method of the crime; and (d) other circumstances that form the conditions of the argument and the sentencing indicated in the record, including the circumstances after the crime, it is deemed that the sentence imposed by the lower

Therefore, prosecutor's assertion is justified.

3. Since the appeal by the prosecutor of the conclusion is well-grounded, the judgment of the court below shall be reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the following decision shall be

[Discied Judgment] Facts constituting an offense and summary of evidence recognized by the court, and summary of evidence are as stated in the corresponding column of the judgment below.

(Article 369 of the Criminal Procedure Act). Application of law

1. Relevant Article 347(1) of the Criminal Act; Article 347(1) of the Criminal Act; Article 136(1) of the Criminal Act; the choice of imprisonment with prison labor;

2. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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