2015No4700 Nos. 2010 Gong300 Gong300 Gong300 Gong300

Violation of the Convergence Business Act, damage to property, obstruction of performance of official duties, injury to public property

Dried damage

A

Prosecutor

He/she shall file a prosecution, Kim Tae-sil

Attorney W (Court-Appointed)

Daegu District Court Decision 2015Kadan565, 766 decided November 11, 2015

2) Judgment

January 29, 2016

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for three years.

1. Summary of grounds for appeal;

The two-year imprisonment sentenced by the court below is too unfortunate and unfair.

2. Determination:

The defendant committed the crime of this case without being aware of the crime of rape or injury caused by rape in the judgment of the court below, and committed the crime of this case without being aware of it during the period of repeated crime. The defendant has a history of criminal punishment in addition to the above repeated crime, such as 11 times criminal punishment, and the defendant does not take any specific measures to recover victims from damage up to the judgment of the court. The crime against the victim C is approaching a female victim under provisional name and takes property after having sexual intercourse with the old female victim. The crime against the victim C is very bad, and the crime of obstruction of performance of official duties needs to be punished in order to protect the State's legitimate performance of duties and establish a sound social order, and the defendant has continuously sent a letter to the singing class accompanying the above victim as well as the victim, and the above victim appeals serious mental pain, and the defendant's age, character and behavior, family relationship, environment, circumstances after the crime, etc. are considered in the records and arguments of this case, and the defendant's argument of the court below is justified in light of the following reasons.

3. Conclusion

Therefore, since the prosecutor's appeal is well-grounded, 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.

Criminal facts and summary of evidence

The summary of the facts constituting an offense and steam recognized by this court is the same as the corresponding column of the judgment of the court below. Thus, it is accepted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article applicable to criminal facts;

Article 319(1) of the Criminal Act (each residential intrusion), Article 329 of the Criminal Act, Article 347(1)3 of the Criminal Act, Article 70(1)3 of the Specialized Credit Financial Business Act (the use of each stolen credit card), Article 350(1) of the Criminal Act (the use of each stolen credit card), Articles 352 and 350(1) of the Criminal Act, Articles 352 and 350(1) of each Criminal Act, Article 36 of the Criminal Act, Article 366 of each Criminal Act, Article 136(1) of each Criminal Act, Article 257(1) of the Criminal Act, Article 257(1) of the Criminal Act (the use of each stolen credit card), Article 141(1) of the Criminal Act (the use of public goods)

1. Commercial competition;

Articles 40 and 50 of the Criminal Act (Mutual Crimes of Bodily Injury to K and Crimes of Obstruction of Performance of Official Duties, Crimes of Bodily Injury to L, and Crimes of Obstruction of Official Duties)

1. Selection of punishment;

Each Imprisonment Selection

1. Aggravation for repeated crimes;

Article 35 of the Criminal Act

1. Aggravation of concurrent crimes;

Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act

Judges Kim Jong-hoon

Judges Shee-hee

Judges Lee Dong-ho