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(영문) 대구지방법원 2019.10.17 2019노465
상해등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment (one million won of a fine) imposed by the lower court is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

2. On May 17, 2019, the Defendant, at the Incheon District Court (2017No3952), sentenced 10 months of imprisonment with prison labor for the crime of injury, etc. and 2 years of suspended execution, etc., and the above judgment became final and conclusive on May 25, 2019, which was subsequent to each of the instant crimes. However, on July 28, 2017, which was after May 12, 2017, the date of the instant crime of injury, etc., the Defendant, on July 28, 2017, sentenced the Defendant to two years of suspended execution for the crime of obstruction of performance of official duties, etc. (2014No390, etc.).

Therefore, since each of the crimes of this case committed after the judgment on obstruction of performance of official duties, etc. became final and conclusive, it could not be judged at the same time, it is not necessary to consider equity in the case where each of the above crimes is judged simultaneously in accordance with the first sentence of Article 39(1) of the Criminal Act.

(See Supreme Court Decision 2008Do209 Decided October 23, 2008, etc.). For this reason, the judgment of the court below is not reversed ex officio, notwithstanding the crime of injury, etc. for which the above judgment became final and conclusive.

We also examine the defendant and prosecutor's arguments on unreasonable sentencing.

The defendant recognizes his mistake and reflects his fault.

The defendant has a mental disorder, such as a stimulative disorder and shock disorder, and the disease seems to have an effect on the defendant's committing each of the crimes in this case.

The degree of interference with the assembly and the degree of injury suffered by the victim by the defendant's act are not severe.

These points are favorable to the defendant.

On the other hand, the defendant, who has been punished several times for violent crimes, committed each of the crimes in this case at the same time during the suspension period of execution according to the crime of property damage and the crime of obstruction of performance of official duties.

The defendant is urged by or against a victim.

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