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(영문) 부산지방법원 2016.03.18 2015노4727
폭력행위등처벌에관한법률위반(집단ㆍ흉기등재물손괴등)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

1. The sentence imposed by the court below on the defendant (one year of imprisonment) is too unreasonable.

2. In the crime of this case, considering the following facts: (a) the Defendant repeatedly delivered the victim text messages that cause fear or apprehensions over 11 times in total; (b) the fire extinguisher, which is a dangerous object, damages the entrance and exit correction device owned by the victim; and (c) obstructed legitimate execution of duties by the police officer in relation to the arrest of flagrant offenders; (d) the crime of this case is considerably poor in light of the applicable law and content of the crime; and (e) the Defendant committed the crime of this case even though there was a record of suspension of execution or punishment of fine for several times due to violent crimes, interference with the performance of public duties, and destruction and damage crimes, the Defendant needs to bear strict liability corresponding thereto

I see that it is.

However, in full view of the following: (a) the Defendant made confession of all of the instant crimes when the Defendant was in the trial for the first time; (b) has been detained for about eight months until the date of the instant crime; (c) has been detained in the court below to compensate for damage caused by a special damage; and (d) has reached an agreement with the victim and the victim police officer in the trial for the first time; and (c) other various sentencing conditions specified in the instant pleadings, such as equity in sentencing with the same or similar incidents; (d) the Defendant’s age, sex, sex, environment; (e) motive and circumstance of the instant crime; and (e) the sentence imposed by the court below is unreasonable.

Therefore, the defendant's above assertion is justified.

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

Criminal facts

The summary of the facts charged and the evidence admitted by this court is not to add “1. Defendant’s trial testimony” to “a summary of the evidence” column of the 2-3 pages of the lower judgment.

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