경범죄처벌법위반등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not more than ten months and by a fine not exceeding 600,000 won.
The above fine shall be imposed on the defendant.
1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (a prison term of 10 months, a fine of 600,000 won, confiscation) is too unreasonable.
2. The defendant used a dangerous article to assault and injure the victim, interfere with the police officer's performance of duties, and filed a false report to a public official on a crime or accident. It is not good that the crime is committed in light of the form of such act, the implements of such act, etc.
The defendant has a lot of records of being punished for multiple violent crimes, and has been sentenced to a suspended sentence of imprisonment on several occasions.
On the other hand, the defendants recognize all their crimes and are against themselves.
At the court below, the defendant agreed with the victim of a special injury crime, and the victim wants again to take the action against the defendant while the victim has reached the trial.
In full view of such circumstances as well as the Defendant’s age, sex, environment, motive, means, and consequence of the crime, various sentencing conditions as shown in the instant pleadings, such as the circumstances after the crime was committed, the lower court’s punishment is too unreasonable.
3. As the appeal by the defendant is well-grounded, the judgment below is reversed pursuant to 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, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant provisions of the Punishment of Minor Offenses Act and Article 3 (3) 2 of the Punishment of Minor Offenses Act (the point of false reporting, the selection of fines), Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties, the choice of imprisonment), Articles 258-2 (1) and 257 (1) of the Criminal Act (the point of injuring a person carrying a deadly weapon) concerning the crime;
1. Article 37 (former part), Article 38 (1) 2 and 3, and Article 50 of the Criminal Act to increase concurrent crimes;
1. Reduction of a small amount of punishment (with respect to imprisonment) Articles 53 and 55 (1) 3 of the Criminal Act;
1. Article 70 of the Criminal Act to attract a workhouse.