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(영문) 광주지방법원 2016.01.20 2015노3091
상해등
Text

The judgment of the court below is reversed.

The sentence against the accused shall be set forth as a fine of four million won.

The above fines shall be imposed by the defendant.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (six months of imprisonment) is too unreasonable.

2. The crime of this case is committed under the unfavorable circumstances, such as the fact that the defendant was skeing the police officer's head collection and assaulted the police officer due to drinking and growth, and the nature of the crime is not good. However, while the defendant was in the trial of the party, he recognized his mistake and reflects it. The defendant deposited one million won for the victimized police officers in the trial of the party, and the defendant did not have the same criminal record except for the records of punishment for one time for violent crime in 2003. When comprehensively considering the circumstances of the crime of this case, circumstances after the crime of this case, the situation after the crime of this case, the age of the defendant, sexual behavior, environment, etc., the defendant's argument is justified. Thus, the defendant's argument is justified.

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

Criminal facts

The summary of facts constituting a crime and evidence recognized by the court are as stated in the corresponding column of the judgment below (Article 369 of the Criminal Procedure Act). Application of statutes

1. Article 257 (1) of the Criminal Act (the point of each injury) and Article 136 (1) of the Criminal Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the crime of obstructing the performance of public duties and the crimes of causing bodily injury between each other, and the punishment imposed on each of the crimes of causing severe bodily injury);

1. Selection of an alternative fine for punishment;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, which shall apply mutatis mutandis to concurrent crimes;

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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