logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울북부지방법원 2016.05.26 2015노1840
폭력행위등처벌에관한법률위반(공동폭행)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentence imposed by the court below on the defendant (one hundred months of imprisonment and two years of suspended sentence) is too unhued and unfair.

2. Although the crime of obstructing the performance of official duties and inflicting bodily injury on the defendant was committed at the same time as the defendant interfered with the performance of official duties of the police officer who performed official duties, and at the same time, the crime was committed against the defendant, such as the fact that the defendant was aware of each of the crimes of this case, and that there was no record of punishment exceeding the fine against the defendant, and other various circumstances, such as the motive and background leading up to the crime of this case, the means and method of the crime, the situation leading up to the crime of this case, the defendant's age, sexual behavior, environment, occupation, family relation, etc., the punishment imposed by the court below cannot be deemed to be unfair because it is too unfeasible.

3. As such, the prosecutor’s appeal is without merit, and it is dismissed under Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition (Article 364(4) of the Criminal Procedure Act: Provided, That it is clear that “B” of the judgment below No. 16 of the judgment below is erroneous in holding office, and thus, correction is made. ② The part of “the temporary site on the table table” in Articles 1, 18 through 3 of the judgment below was deleted because it is irrelevant to the charges against the defendant. ③ Although the Punishment of Violences, etc. Act was amended by Act No. 13718 of Jan. 6, 2016, it was enforced on the same day. However, since there was no change in the punishment of Article 364(4) of the Punishment of Violences, etc. Act applicable to the defendant, the "the Act on the Punishment of Violences, etc." in the application of the Act is amended by Act No. 13718 of Jan. 16, 2016.

arrow