logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 2020.11.27 2019노1932
상해등
Text

The judgment of the court below is reversed.

Defendants shall be punished by imprisonment for six months.

, however, from the date this judgment becomes final.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (a fine of KRW 2.5 million for each of the defendants) is too unhued and unreasonable.

2. The Defendants: (a) assaulted the other party and inflicted an injury on the other party; (b) during that process, Defendant A destroyed the other party’s cargo vehicle that was parked in the vicinity; (c) the Defendants obstructed the legitimate performance of duties by police officers by force by force, such as leaving the police officers in person or attempting to keep the police officers in person by hand; and (d) Defendant C, after being transferred to the earth on the earth, destroyed the cell phone by taking the cell phone surface of the police officer’s cell phone, which is a public object. Such crimes committed by the above Defendants are considerably poor in light of the relevant law, form, and degree of damage.

However, the Defendants had expressed their intent that they do not want to be punished against the other party by mutual consent in both investigative agencies and the original trial.

Defendant

A agreed with the victim of the crime of damage to property, and the defendant C compensated for the damage caused by the crime of damage to public property, and the damaged police officers do not want to punish the defendants.

Defendants have no record of punishment in Korea.

In full view of the above circumstances and the Defendants’ age, character and conduct, environment, motive, means and consequence of the commission of the crime, all of the sentencing conditions and the scope of recommended sentences in the sentencing guidelines, including the circumstances after the commission of the crime, the sentence imposed by the lower court to the Defendants is too uneasible.

Therefore, prosecutor's assertion is justified.

3. In conclusion, the prosecutor'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 it is again decided as follows.

【Grounds for the Judgment of the Supreme Court】 Summary of facts constituting a crime and evidence are recognized by the court.

arrow