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(영문) 부산지방법원 2015.10.15 2015노1342
상해등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Reasons

1. The sentencing of the court below (one year and six months of imprisonment) is too unreasonable.

2. On April 11, 2014, the judgment of the Defendant rendered at the Busan District Court a sentence of one year and six months to imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, which became final and conclusive on April 19, 2014. In particular, the Defendant committed each of the crimes of this case, which are the same crimes, during the period from two months to two months after the suspension of execution. In particular, even though he was given a prior notice of the suspension of execution for the reason that he was leading to military intervention in the above case, he committed the crimes of the same kind, such as inflicting bodily injury upon the police officer and obstructing the performance of official duties while serving as public interest service personnel, and there are records of criminal acts of the Defendant committed several crimes of the same kind during the short period of time. In light of the fact that the Defendant’s speech, behavior, etc. before and after the crime was committed, the Defendant’s imprisonment with prison labor for an additional one year to six years after the suspension of execution should be considered in the above case.

However, all of the crimes of this case are recognized by the defendant, and the defendant is late against the victim I and K in depth. The court below agreed with the victim I and K in the trial. The defendant did not have any record of being sentenced before the court below, and the defendant did not have any record of being sentenced to imprisonment with prison labor for a total of three years since the suspension of execution is invalidated. In addition, the motive and circumstance of each crime of this case, circumstances after the crime of this case, the defendant's age, character and behavior, environment, etc. are records and arguments of this case.

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