상해등
The judgment below
The part of the defendant's case shall be reversed.
A defendant shall be punished by imprisonment for six months.
The judgment below
(2).
1. The summary of the grounds for appeal (e.g., imprisonment with labor for not less than 10 months) by the court below is too unreasonable.
2. As to each of the instant crimes, it is necessary to strictly punish a police officer who was dispatched after receiving a report in order to inflict an injury upon the victims by provoking a trial expense, and interfere with the performance of official duties by assaulting the police officer dispatched.
The degree of injury to victims is not easy.
The defendant not only has been punished several times for the same crime, but also has not been aware of the period of suspension of execution due to the same crime, but also committed the crime of this case.
The defendant was unable to reach an agreement with the victim E.
However, the defendant recognized the whole crime, including obstruction of performance of official duties, when it comes to the trial.
In the lower court, the agreement was reached with the victim C, and the agreement was reached with the victim B.
In full view of the above circumstances, Defendant’s character, conduct and environment, motive, means and consequence of the crime, circumstances after the crime, and criminal records, etc., the lower court’s punishment is somewhat heavy.
3. When the defendant, ex officio, files an appeal against a conviction against the judgment of conviction regarding the order for compensation against B, the order for compensation is transferred to the appellate court pursuant to Article 33(1) of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings, even if the defendant does not object to the order for compensation, so the part of the order for compensation against B among the judgment below is examined ex officio
It is recognized that it is not reasonable to issue an order for compensation because it is judged that the agreement prepared by B, an applicant for compensation, was submitted in the trial of the court below, and that the existence of liability for compensation or its scope is not clear.
Therefore, the compensation order part against B among the judgment below cannot be maintained as it is.
4. As the appeal by the defendant is well-grounded, Article 364(6) of the Criminal Procedure Act is reasonable.