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(영문) 대전지방법원 2015.08.26 2015노440
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for one year, two years of suspended sentence, probation, confiscation) that the court below sentenced against the defendant is too uneasible and unfair.

2. The Defendant, carrying dangerous articles, assaulted the victim and dispatched the victim upon receiving a report. In light of the circumstances leading to the crime, the Defendant’s act of obstructing the performance of official duties against the police officer in uniform is an unfavorable circumstance to the Defendant.

However, the fact that the defendant led to the crime of this case and reflects his mistake in depth, the victim of the crime of violation of the Punishment of Violences, etc. Act (collective, deadly weapons, etc.) does not want the punishment of the defendant, the defendant deposited one million won for the victimized police officer, there is no record of punishment for the same crime, and the fact that the social relation seems to be relatively obvious is favorable to the defendant.

Considering the above circumstances and motive leading up to the instant crime, the circumstances after the commission of the instant crime, the Defendant’s age, character and conduct, family relationship, environment, occupation, etc., there is no change in circumstances to determine the sentence differently from the original judgment, and the sentencing guidelines of the Supreme Court Sentencing Committee do not provide a separate handling method for the ordinary concurrent crimes. Thus, in the instant case where certain crimes constitute the ordinary concurrent crimes, it is difficult to apply the said sentencing guidelines as they are.

However, the scope of recommendations for each of the crimes of this case according to the above sentencing guidelines is as follows, and thus, they shall be taken into account.

The type 6 of the crime of violence, in violation of the Punishment of Violences, etc. Act (referring to the punishment of recommendation).

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