logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2016.07.29 2016노1349
상해등
Text

The judgment below

The part against the defendant shall be reversed.

Defendant shall be punished by a fine of KRW 15,000,000.

Defendant.

Reasons

1. The summary of the grounds for appeal (no. 10 months of imprisonment) imposed by the lower court is too unreasonable and unfair (the Defendant and his defense counsel explicitly withdrawn the assertion of mistake of facts on the first trial date of the first trial). 2. Reviewing the reasoning for appeal of this case, each of the crimes of this case committed by the Defendant is not less complicated in light of the content and method of the crime, etc., and there is a need to strictly punish the Defendant for obstructing the performance of official duties in order to protect the legitimate performance of official duties of the State and to establish a sound social order, and the Defendant has the history of having been punished several times due to the same crime, and commits each of the crimes of this case during the suspension period of execution due to the obstruction of performance of official duties.

On the other hand, however, the facts of the crime of this case are recognized by the defendant when he was in the trial, and it is against his depth. Some of the circumstances may be taken into account in the course of the crime obstructing the performance of official duties of this case, and the extent of the situation is relatively small, the defendant agreed to the victim G in the trial, the defendant deposited KRW 500,000 for the victim G, and the defendant was detained for about eight months in the case of this case, and the seriousness of punishment due to the obstruction of performance of official duties and the repetition of the crime of injury seems to have been sufficiently impaired. In full view of the balance of general punishment in the same and similar cases of the same kind and similar cases, the defendant's age, sexual behavior, intelligence and environment, the motive, means and result of the crime of this case, the circumstances after the crime, criminal records, family relations, economic circumstances, etc., the judgment of the court below is somewhat unreasonable and it is reasonable to recognize that the defendant's punishment imposed by the court below is unfair, and its assertion is justified.

3. In conclusion, the defendant's appeal is justified.

arrow