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(영문) 춘천지방법원 강릉지원 2016.02.04 2015노692

상해등

Text

The judgment of the court below is reversed.

Defendant shall be punished by imprisonment for a year and February of one year and a fine of KRW 500,00.

The above fine shall be imposed on the defendant.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (2 years of imprisonment and fine of 500,000 won) is too unreasonable.

2. The Defendant committed each of the crimes of this case during the period of repeated crime without being aware of the punishment imposed respectively in 2008 and 2012 due to interference with the performance of official duties, damage to public goods, etc., and committed another crime against the Defendant.

However, in full view of the favorable circumstances, such as the fact that the Defendant recognized all of the instant crimes and reflects on the fact that the Defendant committed the damage to public goods, the reimbursement of the cost of repairing the glass, and the fact that the degree of injury suffered by the injured party is relatively minor, and the Defendant’s age, sex, environment, mental health status, motive and circumstance of each of the instant crimes, means and consequence of each of the instant crimes, and various sentencing conditions indicated in the instant case, such as the circumstances before and after the commission of the crime, the lower court’s punishment is excessively unreasonable, even considering the aforementioned unfavorable circumstances.

Defendant’s assertion is with merit.

3. In conclusion, the judgment of the court below is reversed in accordance with 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.

[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 Criminal Act and Article 257 (1) of the Criminal Act (the point of injury, the choice of imprisonment), Article 141 (1) of the Criminal Act (the point of damage to goods for public use, the choice of imprisonment), Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties, the choice of imprisonment), Article 3 (3) 1 of the Punishment of Minor Offenses Act (the point of obstructing the performance of official duties, the selection of imprisonment), Article 3 (3) of the Punishment of Minor Offenses Act (the point of disturbing the revocation of order in official books, and the choice of fines);

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. Article 37 (former part of Article 37 of the Criminal Act, Article 38 (1) 2 and 3, and Article 50 of the Criminal Act to increase concurrent crimes.