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(영문) 춘천지방법원 강릉지원 2018.02.08 2017노530
상해등
Text

The judgment below

The guilty portion shall be reversed.

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

(2) the date of this judgment.

Reasons

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

2. While under the influence of alcohol, the Defendant committed an act of inflicting bodily injury upon the Defendant when the Defendant’s act of denying the operator of the main store, and committed an act of inflicting bodily injury upon the Defendant.

The nature of the crime is not good.

In addition, even after one arrest, there is a need to punish the defendant strictly because he/she has inflicted bodily injury on the police officers twice.

On the other hand, however, the defendant recognized his mistake and reflected his mistake.

The defendant is an elementary offender who has no record of criminal punishment in the Republic of Korea.

All other victims except police officers agreed with each other, and they made efforts to compensate for damages by depositing KRW 1 million each for police officers.

Considering these circumstances favorable to the Defendant, taking into account the circumstances favorable to the Defendant, and taking into account the various sentencing conditions as well as the age, character and conduct environment of the Defendant and the circumstances before and after the commission of the crime, it is reasonable to grant the Defendant an opportunity to take care of the Defendant by suspending the execution of the punishment rather than

The sentence imposed by the court below on the defendant is considered to be unfair.

3. In conclusion, the defendant's appeal is with merit. Thus, the part of the judgment below's conviction is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the following is ruled again after pleading.

[Re-written judgment] The summary of facts constituting an offense and evidence against the defendant recognized by the court and the summary of the evidence are as stated in the corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 257 (1) of the Criminal Act (the point of each 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 Commercial Concurrent Crimes Act (Interference with the performance of official duties and police officers)

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