logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2019.09.19 2019노1711
특수상해등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

1. The summary of the grounds for appeal: The lower court’s imprisonment (six months of imprisonment) is too unreasonable.

2. In light of the content of each of the instant crimes, the fact that the nature of the crime was extremely poor is disadvantageous to the Defendant.

However, in light of the circumstances favorable to the defendant, including the fact that the defendant is a primary offender, the victim of a special injury, and all police officers who suffered damage from the crime of obstruction of performance of official duties have agreed smoothly at the stage of investigation, and the first instance court, the court below's punishment is too unfair, considering the following: (a) the police officers who suffered damage from the crime of obstruction of performance of official duties have agreed smoothly; (b) the restoration of physical damage caused by the damage to public goods; (c) the time for a person’s deliberation who seriously reflects his mistake and would not repeat the crime through the short detention period; and (d) the social relationship seems to be obvious; and (c) the social relation is also obvious; and (d) other various sentencing conditions expressed in the records and the trial process of this case, such as the defendant's age, character and behavior, environment, motive, means and consequence of the

3. If so, the defendant's appeal is reasonable. Thus, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the judgment below is ruled as follows.

[Discied reasoning of the judgment] Criminal facts and the summary of the evidence recognized by the court below and the summary of the evidence are the same as the corresponding column of the judgment below. Thus, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Articles 258-2 (1) and 257 (1) of the Criminal Act, Article 141 (1) of the Criminal Act, Article 136 (1) of the Criminal Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (Mutual Crimes of Obstruction of Performance of Official Duties);

1. Selection of imprisonment with prison labor for the remaining crimes except the crimes of special injury by choice of punishment;

1. The former part of Article 37 and Article 38(1) of the Criminal Act to increase concurrent crimes.

arrow