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(영문) 의정부지방법원 2015.08.12 2015노1460

폭력행위등처벌에관한법률위반(공동상해)등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Reasons

1. The gist of the grounds for appeal is too unreasonable that the original court’s imprisonment (ten months of imprisonment) is too unreasonable.

2. The crime of this case was committed by the Defendant with two police officers who were called out after having been reported jointly with one another during the suspension period due to the same kind of crime, and obstructed the performance of duties by the police officers. In particular, the Defendant started assault by taking part in the police officer’s patrol duty, etc., and led the Defendant to commit the crime of this case. The Defendant was punished 13 times by the crime of violence, and 13 times by the crime of obstruction of performance of official duties, and 2 times by the record of having been punished by the crime of obstruction of performance of official duties, and the record of having been punished by the suspension of execution of official duties was returned to each of the crimes of this case again, and even after the Defendant was arrested for each of the crimes of this case, there is no reason to regard the circumstances after the crime of this case, such as avoiding a disturbance, even after the Defendant was arrested for each of the crimes of this case.

However, the defendant's mistake is recognized and reflected by the defendant, the degree of injury suffered by the victimized police officers (two weeks each) seems to be relatively heavy, and each victim deposited 1,500,000 won each for the recovery of damage in the trial, the defendant's custody is the most supporting two children who are minors, causing excessive economic difficulties to his/her family, there is no record of punishment exceeding the suspension of execution, and there is no record of punishment exceeding the suspension of execution, and other various circumstances which form the conditions for the sentencing as shown in the records, such as the defendant's age, environment, occupation, motive, balance with the punishment against co-defendants of the court below, and the scope of imprisonment with prison labor on the sentencing guidelines of the Supreme Court from June to August 2.

1. In cases of crimes falling under paragraph (1) (general injury to a group of violent crimes in violation of the Punishment of Violences, etc. Act): The area of increase in the area of aggravated injury (general injury to a group of violent crimes): insignificant; and