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(영문) 인천지방법원 2017.04.28 2017노761

상해등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, the above punishment for a period of two years from the date this judgment became final and conclusive.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (six months of imprisonment) is too unreasonable.

2. In light of the fact that the Defendant, at night, destroyed the crime prevention windows of the house in which the victim resides, thereby harming the victim’s great shock and fear, and furthermore, as a result of such crime, causing bodily harm to the police officers by using violence, it is necessary to strictly punish the Defendant on the ground that the crime of this case is not negligible.

However, in full view of all the circumstances, including the facts that the Defendant deposited KRW 1.5 million and KRW 500,000 for the police officers when the Defendant was in the trial for the first time, and that it was against the recognition of his own crime, and that the Defendant had the time to live in a prison life for four months, and that the police officer did not inflict an injury upon the police officer, etc., the lower court and the Defendant’s age, environment, family relationship, sex behavior, motive for the crime, circumstances before and after the crime, etc., and other factors that constitute the sentencing factors in the records and arguments of this case, such as the Defendant’s age, environment, family relationship, sexual behavior, motive for the crime, and conditions before and after the crime,

Since the defendant's argument of sentencing is justified.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is with merit, and the judgment below is ruled again as follows.

【Re-written part of the judgment below] Criminal facts and summary of evidence recognized by this court are identical to facts constituting a crime and summary of evidence, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 366 of the Criminal Act, Article 319 (1) of the Criminal Act, Article 136 (1) of the Criminal Act, Article 257 (1) of the Criminal Act, and Article 257 (1) of the Criminal Act, concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the crimes of obstructing the performance of official duties against H and the crimes of injuring, and punishment heavier.