(영문) 대구지방법원 2017.04.28 2016노3144 | 리걸엔진

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(영문) 대구지방법원 2017.04.28 2016노3144

상해등

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The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 7,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. The sentence imposed by the court below (six months of imprisonment and two years of suspended sentence) is too unreasonable.

2. The crime of injury of this case was committed by the Defendant by assaulting the victim D without any justifiable reason to inflict an injury on the part of the non-alleys requiring a medical treatment for about three weeks, and the degree of such injury is not weak. The crime of obstructing the performance of official duties of this case was committed by the Defendant while taking a bath to the police officer who was dispatched after receiving a report of the assault case under the influence of alcohol, and the crime was committed in violation of the nature of the crime is not good as a continuous case even after the arrest of the flagrant offender. The crime of obstructing the performance of official duties of this case, such as this case, needs to be punished strictly.

However, in light of the fact that the defendant led to the confession of the crime of this case and reflects the mistake in depth, that the defendant paid 2.1 million won to the victim D with compensation, and that the victim D does not want the punishment of the defendant, that the defendant agreed with the victim police officers and the victim police officers, that the defendant does not want the punishment of the defendant, that the defendant seems to lead to the crime of this case by contingent agreement, that the defendant is trying to commit the crime of this case through continuous consultation and rehabilitation program participation with the Daegu East East East-gu Support Center, that the risk of recidivism is not high, that there is no criminal history or crime exceeding the fine, that the defendant was subject to the disciplinary action of suspension from office for three months from the Superintendent of the Office of Education of Daegu due to the crime of this case, that the defendant's wife and family members, workplace union members, and branch members want the defendant's prior election.

In addition to the above circumstances, the age, sex, environment, and motive, means, and result of the instant crime are followed after the crime.

유사 판례

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-광주고등법원 (전주) 2017.05.23 2017노37

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