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(영문) 대구지방법원 2015.04.30 2015노1101
상해등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below against the defendant in light of the gist of the grounds for appeal is too unreasonable.

2. The judgment of the Defendant recognized each of the instant crimes and criticizes the mistake, and the Defendant agreed with the victim E. The Defendant did not want to be punished against the Defendant at the police box managing the patrol car subject to damage to the said victim and the public goods. The Defendant deposited KRW 1 million for G with the police officer subject to obstruction of performance of official duties for the first time in the trial is favorable to the Defendant.

On the other hand, the Defendant was sentenced to three years of imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (a deadly weapon, etc.) and sentenced to three years of suspension of execution on November 28, 2014, which became final and conclusive on November 28, 2014, and committed each of the instant crimes again without being aware of it. The Defendant assaulted victims E who did not err, and committed obstruction of performance of official duties and damage to public goods.

In addition, the sentence imposed by the court below is the result of the application of sentencing guidelines by the Supreme Court sentencing committee.

1. Standards for types of punishment and of punishment;

(a) The basic area of the crime of damaging public goods (determination of type) that has no type 1 (Invalidity of Public Goods) (no person specially punished) as a result of the crime of nullifying and destroying public goods: Imprisonment with prison labor for a period of six months from one year to six months;

B. Basic area of the crime of obstruction of the performance of official duties [Determination of Punishment] There is no first category of the crime of obstruction of the performance of official duties (the crime of obstruction of the performance of official duties/performance of duties) (the person who has been specially punished] (the scope of recommendation): 6 months to 1 year and 4 months

(c) Class 1 (General Bodily Inflicting) (Special Bodily Inflicting) mitigated element: In cases of minor injuries (1 and 4), non-conformity with punishment (including efforts to recover damage), or where considerable partial damage has been recovered (the scope of recommending punishment): One month to one year of imprisonment;

2. Handling multiple crimes (determination of a basic crime) / [Disposition] Imprisonment with prison labor for 6 months to 2 years.

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