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(영문) 수원지방법원 2012.12.20 2012노5067
폭력행위등처벌에관한법률위반(공동상해)등
Text

The judgment of the court below is reversed.

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

Reasons

1. Summary of grounds for appeal;

A. The punishment of the lower court (four months of imprisonment) is excessively unreasonable.

B. The prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. As to the assertion of the Defendant and the prosecutor, the Defendant agreed with U.S. only for the crime of violation of the Punishment of Violence, etc. Act (joint injury). On April 6, 2011, the victim D of the crime of interference with business committed by the first police officer was not wanting to be punished against the Defendant. The defrauded of the crime of interference with business committed by the second police officer is a small amount of money, but the Defendant had the record of already been punished several times due to the violation of the Punishment of Violence, etc. Act, the crime of interference with business, the crime of property damage, etc., and the Defendant committed the instant crime of interference with business and fraud five times from the first police officer of April 201 to the first police officer of August 2012, the Defendant was arrested on September 5, 2012, and was investigated on each of the above crimes, and was released on September 6, 2012, and thereafter, the lower court’s sentencing is considerably unreasonable compared to the Defendant’s compliance with the social environment.

3. The judgment below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the appeal by the defendant is without merit and the prosecutor's appeal is with merit, and the following judgment is rendered after pleading.

Criminal facts

The summary of facts and evidence recognized by the court is the same as that of 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. Article 314(1) of the Criminal Act (the point of interference with business) and Article 314(1) of the same Act concerning the relevant criminal facts and the selection of punishment;

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