(영문) 전주지방법원 2015.09.11 2015노582 | 리걸엔진

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(영문) 전주지방법원 2015.09.11 2015노582

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등

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The judgment of the court below is reversed.

The sentence of sentence against the defendant shall be suspended.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the prosecutor (one year of imprisonment, two years of suspended execution, and 120 hours of community service order) is too unfased and unreasonable.

B. The sentence imposed by the lower court is too unreasonable.

2. The crime of this case is deemed to have been committed by the Defendant under the influence of alcohol at the head office operated by the victim J, assaulted the victim K, who is an employee due to a shoulderer beer disease, and thereby, inflicted an injury on the victim L, who is an employee due to the beer disease, and interfered with the victim JJ's duty collection business, and interfered with the police officer N who was dispatched upon receipt of a report, thereby obstructing the performance of official duties, and at the same time causing two-way injury, and thus, it is necessary to punish the Defendant significantly because the nature of the crime is very heavy.

However, the defendant confessions the crime of this case and reflects the defendant, the defendant committed the crime of this case in an contingent state with weak mental and physical disorder by drinking breath not coming from the toilet, the defendant does not intentionally display the victim L, and the defendant does not have any serious injury to the victim L, the defendant agreed with the victim L and N, the defendant deposited 3 million won for the above N, the defendant did not have any past record of criminal punishment, the defendant was appointed as a public official, and the defendant is deemed to have taken a public office faithfully for several years after being appointed as a public official, and in consideration of all the sentencing conditions of this case, such as the defendant's age, character and conduct, family environment, etc., the defendant's punishment imposed by the court below is somewhat inappropriate, and the prosecutor's assertion of unjust sentencing is without merit. The prosecutor's assertion of unjust sentencing is without merit.

3. If so, the defendant's appeal is justified.

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