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(영문) 전주지방법원 2017.10.19 2017노1259

상해등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Reasons

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

2. The crime of this case is established that the defendant, who had failed from this point of view at a small store operated by neighboring petty merchants, interfered with the victim D's business, damaged the victim's G's property, and physically assaulted the victim K and used the victim's property without any particular reason, and the crime of this case is not easy to be committed, but it is acknowledged that the defendant agreed with the victims or did not receive a letter from the victims.

However, in full view of the following facts: (a) the Defendant recognized all of the instant crimes; (b) the Defendant committed the instant crimes; (c) the Defendant deposited KRW 4 million for the Victim K when in the first instance; and (d) the Defendant was not subject to a punishment heavier than the suspended sentence; and (c) the Defendant’s age, sex, environment; (d) the background and motive leading to the instant crime; and (e) the circumstances before and after the instant crime; and (e) the sentencing conditions as indicated in the instant records and changes, the lower court’s sentence

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

【Grounds for a new judgment】 The facts constituting a crime and summary of evidence recognized by the court are identical to the facts stated in each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 314(1) of the Criminal Act, Article 314(1) of the Criminal Act (the point of interference with business), Article 366 of the Criminal Act, Article 257(1) of the Criminal Act (the point of harm) and the choice of imprisonment with prison labor for the crime;

1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (an aggravated punishment for concurrent crimes with the heavier punishment) of the said Act;

1. Scope of the recommended sentence;

(a) interference with the first crime (Interference with business) affairs (the scope of recommendations);