beta
(영문) 의정부지방법원 2017.07.07 2017노1119

특수상해등

Text

The judgment of the court below is reversed.

Defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) that the court below sentenced the defendant (one year and six months of imprisonment) is too unreasonable.

2. It is necessary to strictly punish a person who interferes with the performance of official duties in order to protect the legitimate performance of official duties of the judgment country and to establish a sound social order.

The Defendant: (a) committed an injury to the said victim by drinking in a singing room operated by the Victim F; (b) obstructed the police officer from performing his duties to arrest a flagrant offender by assaulting the victimJ of the police officer called to the scene; and (c) interfered with the police officer’s face and interfered with the police officer’s performance of duties to investigate the crime by cutting the victim’s face; (d) interfered with the police officer’s performance of duties to investigate the crime; and (e) in light of the circumstances leading up to the commission of the crime; (e) the method and content of each crime, etc., the crime is very poor.

On September 10, 2007, the Defendant was sentenced to a fine of one million won or more as a result of the crime of injury, and was sentenced to a fine of the same or similar violent crimes, etc., such as the same or similar violent crimes, the suspension of the execution of imprisonment, and the sentence of imprisonment.

On the other hand, the defendant shows his attitude to recognize and reflect all of the crimes of this case when it comes to the trial.

Since 2007, there is no record that the defendant was punished for the same kind of violent crime.

The defendant agreed with the victim F of the crime of damage to property and special bodily injury in the court below, and the above victim paid additional agreed money to the above victim in the first instance, and the above victim wanted to have the preference of the defendant.

In full view of the above circumstances and other conditions of sentencing, such as the Defendant’s age, sex, occupation and environment, motive and background of the crime, and circumstances after the crime, etc., the sentence imposed by the lower court is too unreasonable.

3. If so, the defendant's appeal is justified.