Text
The judgment below
The guilty portion shall be reversed.
A defendant shall be punished by imprisonment for three years.
except that from the date of this judgment.
Reasons
1. Of the facts charged in the instant case, the lower court dismissed the prosecution as to the Defendant’s assault against the Victim AD (2016 order 11999) and rendered a judgment of conviction as to the remainder of the charges. Since only the Defendant appealed from the lower judgment as to the conviction and the Prosecutor did not appeal to dismiss the prosecution, the part dismissing the prosecution was separately determined as is, it was excluded from the scope of the judgment of this court.
2. Sentencing sentencing on the gist of reasons for appeal
3. The crime of this case committed by the Defendant without any special reason by exercising violence against many victims by using dangerous objects, etc., and by assaulting police officers in the course of performing official duties, and thus, the criminal liability is minor.
subsection (b) of this section.
However, considering the fact that the defendant committed each crime by failure to participate in the commission, that the defendant commits the crime and reflects the wrong, that there was no record of punishment other than the previous criminal records of the past three years for the past three years, that the victim E (the defendant's wife), AD, Q, R, U., and that the above victims agreed with the victim E (the defendant's wife), Q, R, and U.S. at the court below, that the victims do not want the punishment of the defendant, that they agreed with the victim'sO in the trial, and that certain amount was deposited for the victim I, K, and other various conditions of sentencing as shown in the records and arguments of the case, such as the defendant's age, sex behavior, environment, motive and means of the crime, circumstances after the crime, etc., the sentence of the court below (three years of imprisonment) is unfair as it is somewhat inappropriate.
Defendant
The argument is with merit.
4. In conclusion, 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 with merit, and the judgment below is ruled again as follows.
Criminal facts
Article 369 of the Criminal Procedure Act applies to the facts constituting a crime and the summary of the evidence recognized by the court as stated in the corresponding columns of the judgment below.