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(영문) 대전지방법원 2015.04.23 2014노2594
상해등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight 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 (e.g., imprisonment with prison labor for 8 months and 2 years of suspended sentence) is too unreasonable.

2. The instant crime committed by the Defendant is deemed to be committed in the victim E and time without any particular reason.

The fact that the victim E is injured, and the police officers dispatched after receiving 112 report are assaulted to interfere with the legitimate performance of official duties, and the responsibility for the crime is not less severe, the defendant has a record of punishment for the same crime, and there is a record of punishment for multiple crimes.

However, it is reasonable to take into account the following circumstances: The Defendant’s mistake is divided and reflected in depth; the victim E does not want punishment against the Defendant under the agreement with the victim E; the police officers G who suffered damage to the obstruction of performance of official duties of this case wanted to be punished against the Defendant; the Defendant has been employed in a recent new workplace; and the Defendant has served in good faith. The scope of the recommended sentence for the instant crime, which was enacted by the Supreme Court’s Sentencing Commission, is crimes of violence from January to April 1.: Violence crime group; general injury type 1 (general injury); special injury type; special person (minor injury; minor injury); decision on the recommended area; decision on the recommended area (special mitigation area); decision on the recommendation area; decision on the recommendation area; decision on the recommendation area; decision on the recommendation area; decision on the recommendation (a minor degree of assault, threat, and deception); decision on the recommendation area; decision on the punishment area (a minor punishment area); decision on the recommendation area; decision on the punishment area; decision on the final punishment range of imprisonment or punishment (a minor injury).

3. The defendant's appeal is justified.

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