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(영문) 인천지방법원 2015.01.09 2014노3832
상해등
Text

The judgment below

The guilty portion shall be reversed.

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

1. The decision of the court below (one year of imprisonment) is too unreasonable in its summary of the grounds for appeal.

2. The Defendant again committed the instant crime even though he/she was subject to a disposition of suspension of indictment and a fine three times due to the crime of violence, and the Defendant, as an extraordinary or noncommissioned Officer, uses such experience and ability to inflict bodily injury on another person even though he/she was trained with a professional training that restricts other persons, in light of the method and circumstances of the crime, the nature of the crime is bad in light of the method and circumstances, and the degree of damage that many victims suffered as well as the degree of damage, etc., it is necessary to punish the Defendant, and the sentence of imprisonment is inevitable.

However, in light of the fact that the defendant's time to commit the crime of this case and his mistake is divided, there is no record of having been sentenced to a fine in excess of the fine, the court below agreed with the victim I and deposited money for the remaining victims, as well as the fact that the victim G and H have deposited additional KRW 1 million for the purpose of the victim G and H, and other various sentencing conditions in the records and arguments, such as the defendant's age and behavior environment, circumstances before and after the crime, etc., the court below's punishment against the defendant is somewhat unreasonable.

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

Criminal facts

The summary of the crime and evidence against the defendant recognized by the court is identical to the corresponding column of the judgment below, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 257(1) of the Criminal Act (the point of each injury), Article 136(1) of the Criminal Act (the point of obstruction of performance of official duties), and Article 260(1) of the Criminal Act concerning the crime.

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