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(영문) 창원지방법원 2018.05.17 2018노490

상해등

Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 4,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) that the court below rendered is too unreasonable. (The penalty amount of KRW 5,000,000)

2. The judgment of this case is that the defendant inflicts an injury on security guards, while accompanying the police officer, takes a bath to the police officer who solicits him to return home after undergoing an investigation at the police station district group, and uses violence. The defendant recognized all each of the of the of the of the of the of this case, and the defendant shows his attitude of misunderstanding his mistake while recognizing all of the of the of the crimes of this case, the defendant has no record of punishment exceeding a fine, the defendant paid and agreed to pay a reasonable amount of money to security guards when he was in the first instance, and other factors such as the defendant's age, sexual behavior, environment, motive and circumstance of the crime, and the means and consequence of the crime of this case are considered, the punishment of the court below is deemed unfair because it is too unreasonable.

3. As the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the appeal by the defendant is again decided as follows.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court and the summary of the evidence are the same as the stated in each corresponding column of the judgment below, thereby citing it as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 257 (1) of the Criminal Act and Article 257 (1) of the Criminal Act (the point of injury, the selection of fines) concerning criminal facts, and Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties and the selection of fines);

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The sentencing of Article 334(1) of the Criminal Procedure Act prior to the sentencing of the Criminal Procedure Act shall be determined by comprehensively taking account of all the circumstances as seen earlier.