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(영문) 대전지방법원 2017.09.14 2017노433
상해등
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of seven million won.

The above fine shall not be paid by the defendant.

Reasons

1. The summary of the grounds for appeal (the imprisonment of eight months, the suspension of the execution of two years, and the community service 40 hours) that the court below made is unreasonable.

2. However, since the Defendant was dispatched to the scene after receiving a report on domestic violence and assaulted and inflicted an injury on police officers who perform legitimate duties at the site, the nature of the crime is not good.

However, the defendant is currently aware of the crime of this case and reflects on the situation, and the degree of injury suffered by the victims is relatively excessive.

In addition to those sentenced to a fine once due to driving of light drinking in 2008, the Defendant has no record of crime before committing the instant crime.

In addition, the defendant did not want to punish the defendant by agreement with the victims for the time of the trial.

In light of this, the sentence imposed by the court below is unreasonable compared to the defendant's liability.

3. Since the defendant's appeal is with merit, the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal is again decided as follows.

【Inasmuch as the facts constituting an offense and the summary of evidence recognized by the court are identical to the facts constituting an offense and the summary of evidence, it shall be quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties) and Article 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (the punishment imposed on a crime of injuring a victim D with the largest punishment between the crimes of obstructing the performance of official duties and the crimes of injuring each other)

1. Selection of an alternative fine for punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;

1. Scope of punishment by law: A fine not exceeding 10 million won;

2. The conditions and conditions of Finin sentencing prior to the decision of sentencing.

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