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(영문) 춘천지방법원 2016.01.27 2014노917
상해등
Text

The judgment below

The remainder of the compensation order, excluding the application for compensation, shall be reversed.

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s sentence (2 years of suspended sentence in October, and 200 hours of community service) is too unreasonable.

2. Although the nature of each of the crimes of this case is not weak, and the crime obstructing the performance of official duties is a crime against the public authority by which the law is properly enforced and which requires strict punishment for the sake of the people's trust in the public authority, the defendant recognizes and reflects the crime of this case. When the defendant was in the trial, the defendant agreed that all of the victims have reached the trial, the police officer who caused the obstruction of the performance of official duties does not want the punishment of the defendant, deposit a certain amount of money for the victims at the court below, and taking account of the defendant's age, sexual behavior, environment, motive, means and consequence of the crime, circumstances after the crime, etc., the sentence of the court below is too unfair as a result.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and the judgment below is ruled again as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by the court are as shown in each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 257(1) of the relevant Criminal Act concerning the facts constituting an offense (the point of injury), Article 136(1) of the Criminal Act (the point of obstructing the performance of official duties), Article 260(1) of the Criminal Act (the point of violence) and Article 311 of the Criminal Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of types of punishment and imprisonment with prison labor;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the stay of execution ( normal consideration in favor of the above);

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