(영문) 수원지방법원 2018.07.06 2018노2674 | 리걸엔진

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(영문) 수원지방법원 2018.07.06 2018노2674

재물손괴등

Text

The judgment of the court below is reversed.

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

Reasons

1. Of the instant facts charged, the lower court sentenced the Defendant to dismiss a public prosecution regarding the assault of the case No. 2018 Highest 282, among which the instant facts charged, and sentenced the remainder of the facts charged. The Defendant appealed on the guilty part, and the dismissal part of the said public prosecution became final and conclusive on the grounds that the Defendant and the Prosecutor did not appeal the part of the dismissal of the public prosecution. As such, the scope of the judgment of the lower court is limited to the

2. The decision of the court below (one year and two months of imprisonment) on the gist of the grounds of appeal is too unreasonable.

3. In particular, the Defendant committed each of the instant crimes during the period of repeated crime due to the obstruction of performance of official duties and obstruction of performance of duties, etc., which are disadvantageous to the Defendant.

On the other hand, it is favorable for the defendant to deposit KRW 20,00 for the victim of the crime of interference with the performance of official duties, including that the defendant agreed smoothly with the victim N of the crime of assault in the case of 2018 Godan 1097 at the first instance, and that the victim agreed smoothly with the victims of the remaining crimes except the crime of interference with the performance of official duties, or that the victims did not want the punishment of the defendant.

Considering the above circumstances and other various sentencing conditions as shown in the instant pleadings, such as the Defendant’s age, sexual conduct, environment, family relationship, motive for committing a crime, and circumstances after committing a crime, the lower court’s punishment is deemed unfair.

Therefore, the defendant's above assertion is justified.

4. 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.

[Judgment which is used again] criminal facts and facts of crime.

유사 판례

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