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(영문) 부산지방법원 2017.08.24 2016노2435

폭력행위등처벌에관한법률위반(공동상해)등

Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 5,000,000.

The above fine shall not be paid by the defendant.

Reasons

The sentence of the court below (6 months of imprisonment and 2 years of suspended execution) against the defendant in summary of the grounds for appeal is too unreasonable.

Judgment

The crime of this case was committed by the Defendant in collaboration with the Defendant, and was committed by the victim E, and was committed by the police officer I, upon receiving 112 a report, by taking time into account the face of the police officer I, requiring medical treatment for about two weeks. It was committed by damaging public goods after arresting the person in the act of committing an act of committing an offense and destroying public goods even after the earth’s age. In light of the circumstances and contents of the crime, the criminal liability is grave, and thus, the criminal liability is recognized to be disadvantageous to the Defendant.

However, when the defendant made confession of all of the crimes of this case when he was in the trial for the defendant, the defendant seems to have committed the crime of this case in a contingent manner, the defendant's act of crime of this case is presumed to have been committed, the defendant does not want the punishment of the defendant, the defendant deposited considerable money for the recovery of damage to police officers and public goods since he entered the trial for the defendant, there is no history of criminal punishment in Korea after the defendant entered the trial for the defendant, and it seems that the defendant had been in a sincere life while serving as a student of a graduate school of P University, and it seems that the defendant was living faithfully in the course of his age, sexual behavior, environment, etc., and it is recognized that the punishment of the court below against the defendant is unfair because it is too unreasonable in consideration of all the circumstances that are the conditions for sentencing specified in the argument of this case, such as the defendant's age

Therefore, the defendant's argument that the above sentencing is unfair is justified.

Therefore, the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal is therefore reasonable, and the judgment below is ruled as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by this court is as follows. The summary of the evidence is as follows: "1. The defendant's trial testimony at the court below is not added."