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(영문) 서울동부지방법원 2015.02.06 2014노1751
폭력행위등처벌에관한법률위반(공동상해)등
Text

The judgment of the court below is reversed.

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

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below on the defendant (ten months of imprisonment) is too unreasonable.

2. Although the degree of injury of victims due to the crime of injury in this case is not easy, and even until now, the defendant did not receive or agree to the extent of injury of victims, and the crime of obstruction of performance of official duties is related to the safety of the general public as well as the function of the legal order of the state, such as nullifying the legitimate exercise of public authority, and thus, it is in need of strict punishment corresponding thereto, and the defendant has been punished as obstruction of performance of official duties or juvenile protective disposition even before, there are some circumstances unfavorable to the defendant, such as that the defendant has been divided and reflected in depth through prison life for more than four months, and each of the crimes in this case appears to have been contingent by the defendant, and there are some circumstances to be taken into account in terms of its motive and circumstance, and the degree of interference or damage caused by the obstruction of performance of official duties and damage to public goods in this case, the defendant deposited 150,000 won against the victims of each of the crimes in this case, there are no favorable methods of imprisonment with prison labor or more, and there are no reasonable reasons for the defendant's punishment and records.

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act on the grounds that the defendant's appeal is reasonable.

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