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(영문) 창원지방법원 2014.02.14 2013노1455
폭력행위등처벌에관한법률위반(공동상해)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for six months, suspension of execution for two years, community service order for 80 hours, Defendant B: imprisonment with prison labor for four months and suspension of execution for two years) of the lower court’s sentence against the Defendants is unreasonable.

2. Determination

A. The crime of this case against Defendant A was committed jointly with Defendant B, who is a punishment by the above Defendant, and the crime of this case was committed against two police officers dispatched upon receipt of a report, thereby obstructing the performance of their official duties, as well as destroying a restaurant, a police vehicle, and a police vehicle. The crime of this case is not against the law.

However, in full view of all the sentencing factors indicated in the instant case, including the fact that the said Defendant recognized the instant crime and committed a mistake in depth, compensated for damages and agreed with the victim E, compensating for the damaged police vehicle repair expenses, equity with criminal punishment for other crimes similar to the instant crime, and others, such as the above Defendant’s age, character and conduct, environment, motive and circumstance of the instant crime, and circumstances after the instant crime, it is difficult to deem that the above Defendant’s punishment against the said Defendant was too uneasible and unreasonable.

B. The crime of this case against Defendant B is committed jointly with Defendant A, who is the birthee of the above Defendant, and the crime of this case is committed against two police officers dispatched upon receiving a report, thereby obstructing the performance of their official duties. The crime of this case is not against the law.

However, in full view of the following factors: (a) the above Defendant recognized the instant crime and committed a mistake in depth; (b) compensating for damages; (c) reimbursed the damaged police vehicle repair cost; and (d) equity with criminal punishment for other crimes similar to the instant crime; and (b) other factors of sentencing as indicated in the instant case, including the above Defendant’s age, character and conduct, environment, motive and circumstance of the instant crime; and (c) circumstances after the instant crime, the above Defendant’s punishment against the said Defendant is too uneasible and unreasonable.

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