beta
(영문) 창원지방법원 2020.12.10 2020노1673

상해등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for three years.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor) imposed by the lower court is too unreasonable.

2. As the judgment of the court below properly states, considering the following: (a) the Defendant committed a total of 24 crimes including the five crimes of obstruction of performance of official duties, including the five crimes of obstruction of performance of official duties as stated in the judgment of the court below for seven (7) days, (b) the Defendant committed all the above crimes during the period of repeated crime not exceeding three (3) months after having been sentenced to imprisonment for eight (8) months; (c) the Defendant was punished four (4) times as a crime of obstruction of official duties; (d) a large number of criminal records related to theft, fraud, and violence; (e) the Defendant’s unforeseeable crimes are likely to cause considerable anxiety, and (e) the Defendant appears to have neglected the legitimate state’s public authority, it is inevitable to punish

However, it is necessary to consider the following as normal circumstances in favor of the defendant: (a) the defendant shows the attitude of recognizing and opposing his mistake; (b) the number of times of each crime is many; (c) most of the benefit and protection of law from the crime is not serious; and (d) four victims (W, AG, AK, and U have agreed with each of the instant crimes and expressed their intent not to punish the defendant; (b) although the defendant was detained for each of the instant crimes, he is under the relevant pharmacologic treatment after being diagnosed as "consulous disorder" on June 1, 2020.

As above, various sentencing conditions that are shown in the records and arguments of this case, such as the defendant's age, character and behavior, environment, health conditions, circumstances after the crime, etc., and the circumstances after the crime.