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(영문) 대전지방법원 2016.08.11 2016노1538
폭행등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

However, the above punishment for a period of two years from the date this judgment became final and conclusive.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) that the court below rendered against the defendant is too unreasonable.

2. In light of the facts that the crime of this case is not good, the fact that the defendant has been punished several times due to violent crimes is disadvantageous to the defendant, or that the defendant is led to the confession of the crime of this case, and other various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the defendant's age, sex, environment, background, means and result of the crime of this case, circumstances after the crime, family relationship, etc., which are shown in the argument of this case, the sentence imposed by the court below is considered to be unfair because the defendant's punishment of this case is unreasonable. Thus, the defendant's argument about the punishment of this case has merit.

3. In conclusion, the judgment of the court below is reversed pursuant to 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.

【Grounds for a new judgment】 The facts constituting an offense and summary of evidence recognized by the court are identical to the facts constituting an offense and summary of evidence, and the gist of evidence are identical to the facts in each corresponding column of the judgment below. Thus, they are cited pursuant to Article 369 of the Criminal Procedure Act

Application of Statutes

1. Relevant legal provisions of the Criminal Act, Articles 261, 260(1) (a) of the Criminal Act (the fact of assaulting carrying dangerous articles, the choice of imprisonment), Article 260(1) (the point of assault, the choice of imprisonment), Article 136(1) of the Criminal Act (the fact of obstructing the performance of public duties and the choice of imprisonment) of the Criminal Act concerning criminal facts;

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 62 (1) of the Criminal Act on the suspended execution;

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