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(영문) 춘천지방법원 2017.12.20 2017노471
상해등
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 4,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. The decision of the court below (one year of imprisonment with prison labor for six months and one year of suspended execution) is too unreasonable.

2. The judgment of the court below is an unfavorable circumstance to the defendant that the defendant interfered with duties as stated in the judgment of the court below, and interfered with police officers' performance of official duties and inflicted an injury on police officers.

However, the defendant did not have any record of the same crime in addition to the fine before and after about 25 years ago, the court below agreed with F in the court below, that the police officer's excessive agreement was reached at the court below, that the police officer's act against the police officer was likely to be gross enough to attach and increase the police officer's level of the crime, and that the defendant's age, sex, conduct, environment, motive, means and consequence of the crime, circumstances after the crime, etc. are considered in consideration of various sentencing conditions and arguments, and thus, the sentence imposed by the court below is somewhat inappropriate, so the defendant's argument is reasonable.

3. In conclusion, 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 with merit, and the judgment below is ruled again after pleading as follows.

[Re-written judgment] The summary of the facts constituting an offense and the evidence is identical to each corresponding column of the judgment below, and thus, it shall be quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 314(1) of the Criminal Act applicable to the facts constituting an offense (the point of interference with business), Article 136(1) of the Criminal Act (the point of interference with the performance of public duties) and Article 257(1) of the Criminal Act (the point of interference with business) of the same Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (Joint Crimes of Obstruction of and Bodily Injury to the Execution of Official Duties);

1. Selection of each alternative fine for punishment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Prior to the grounds for sentencing under Articles 70(1) and 69(2) of the Criminal Act, the reasons for appeal shall be determined as set forth in the Disposition, taking into account the various circumstances as seen in the judgment on the grounds for appeal.

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