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(영문) 대구지방법원 2017.08.24 2017노2407
상해등
Text

The guilty portion of the judgment of the court below shall be reversed.

Defendant shall be punished by a fine of KRW 15,000,000.

The above fine shall be imposed on the defendant.

Reasons

1. The sentence imposed by the lower court (six months of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. On March 9, 2017, the Defendant: (a) was sentenced to one year of suspension of the execution of official duties on the part of a person who was sentenced to imprisonment with prison labor for six months on the part of the Defendant; (b) again committed the instant crime on the part of the Defendant, without being aware of the fact that he was under the suspension of the said suspension of the execution; and (c) the face of the police officer on the part of drinking,

However, there are favorable circumstances such as the fact that the defendant is seriously against the defendant during the detention period of about five months, that the defendant is a student, that the string person is threatening himself/herself, and that the victim E agreed in the first instance trial with the defendant, and that the defendant's wife was re-convened in the trial.

Considering the defendant's age, sex, environment, circumstances leading to the crime, means and results, scale of the crime, and circumstances after the crime, the punishment imposed by the court below against the defendant is considered unfair.

Therefore, the defendant's argument is justified.

3. Since the defendant's appeal is with merit, the part of the judgment below's conviction is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows after pleading.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are as shown in each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 257 (1) of the Criminal Act, Article 257 (1) of the Criminal Act (the point of injury), Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties) and Article 366 of the Criminal Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each alternative fine for punishment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. The Criminal Procedure Act of the Provisional Payment Order.

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