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(영문) 부산지방법원 2017.02.10 2016노4483
상해등
Text

The judgment below

Part excluding the application part for compensation order among those shall be reversed.

A defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

1. The main point of the grounds for appeal is that the sentence imposed by the court below on the defendant (two years of imprisonment) is too unreasonable.

2. The crime of this case is an unfavorable circumstance, such as the following: (a) the Defendant committed the crime of this case even though he was in the period of repeated crime; (b) the Defendant committed each crime of this case; (c) the crime of interference with the execution of official duties requires strict punishment in order to establish the legal order; (d) the fact that the Defendant was subject to drinking or non-licensed driving; (c) the Defendant was able to escape and damage public goods after the escape; and (d) the Defendant assaulted the police officer who sought to arrest the Defendant as an offender to commit an act in the act of committing an offense; and (e) the special crime of inflicting an injury by assaulting the victim C as a beer soldier for the minor reason; and (e) the Defendant committed each crime of this case even though he was in the period of repeated crime; (e) the crime of interference with the performance of official duties requires high level of

However, when the defendant was in a trial, all of the crimes of this case is recognized and against the defendant, the defendant caused all of the crimes of this case in a contingent manner under the influence of alcohol, and the defendant reached an agreement with the victim C of special injury in the trial, and the defendant will operate a house by marriage with a woman of matrimonial engagement and live in good faith without re-offending.

In full view of the fact that the defendant's family members are hardening to manage the defendant, and that the defendant's family members appeal against him/her to manage the defendant, and other various circumstances, such as the defendant's age, environment, family relationship, circumstances leading to the crime of this case, and circumstances before and after the crime, etc., the court below's punishment seems to be unfair because it is too unreasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with 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

b) the summary of the evidence and evidence.

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