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(영문) 대전지방법원 2013.06.20 2013노64

상해등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

Provided, That the above punishment shall be imposed for one year from the date this judgment becomes final and conclusive.

Reasons

1. The decision of the court below on the summary of the grounds for appeal is too unreasonable.

2. The judgment of the court below is that the crime of this case was committed by using verbal abuse and violence to a police officer who is performing legitimate official duties, and the nature of the crime is inferior. However, in light of the circumstances leading to the defendant's crime, it appears to be somewhat contingent; the degree of injury inflicted by the defendant seems to be minor; the defendant's depth is relatively minor; the defendant does not repeat again; the defendant has no record of being sentenced to a suspended sentence or heavier than a fine; and the defendant has no record of being sentenced to a suspended sentence or heavier than a fine; and in full view of various sentencing conditions under Article 51 of the Criminal Act, such as the defendant's age, character and behavior, environment, motive, means and consequence, etc., the sentence imposed by the court below against the defendant is too unreasonable. Thus, the defendant's above assertion is justified.

3. According to the conclusion, the judgment of the court below shall be reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the following judgment shall be rendered again after pleading.

Criminal facts

The summary of the evidence and the facts charged against the defendant recognized by the court and the summary of the evidence are the same as the corresponding column of the judgment of the court below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 257 (1) of the Criminal Act and Article 136 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the Suspension of Execution ( normal consideration in favor of the above judgment);