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(영문) 창원지방법원 2015.01.29 2014노2456
상해등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Reasons

1. The gist of the grounds for appeal asserts that the punishment imposed by the lower court (eight months of imprisonment) is too unreasonable.

2. The crime of this case is a case where the defendant damaged property at a marina room operated by the victim E, and the victim E suffered bodily injury to speak, and the police officer I sent after receiving 112 a report to insult and insult the police officer I, and obstructed the performance of official duties. The defendant committed the crime of this case without being able to do so even though he was a repeated crime due to the crime of obstruction of performance of official duties, etc., and the defendant already committed the crime of this case without being able to do so, and the defendant has already been subject to criminal punishment several times due to the crime of obstruction of official duties, etc., it is inevitable to sentence sentence against the defendant.

However, considering the following circumstances: (a) the Defendant recognized the mistake of the Defendant; (b) the victim E is compensating for the damage of the victim E and the smooth agreement was reached; (c) the victim E does not want the punishment of the Defendant; (d) there is a family member to support the Defendant; and (e) the fact that the police officer first deposited money to recover the damage, etc. after the sentence of the lower judgment, the Defendant’s age, character, character, environment, motive and background of the crime; (d) the means and method of the crime; and (e) the circumstances after the crime was committed, the sentence imposed by the lower court is somewhat unreasonable.

3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following decision is rendered again.

[Discied Judgment] Facts constituting an offense and summary of evidence recognized by the court, and summary of evidence are as stated in the corresponding column of the judgment below.

(Article 369 of the Criminal Procedure Act). Application of law

1. Article 257(1) of the Criminal Act (the point of injury) and Article 136 of the Criminal Act concerning the relevant criminal facts, the choice of punishment.

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