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(영문) 의정부지방법원 2016.03.25 2016노248
폭력행위등처벌에관한법률위반(공동상해)등
Text

The judgment below

The guilty part against the defendant shall be reversed.

A defendant shall be punished by imprisonment for one year.

Reasons

1. The main point of the grounds for appeal is that the sentence imposed by the court below (one year and four months of imprisonment) is too unreasonable.

2. Determination on the grounds of appeal: (a) the Defendant interfered with the victim’s business by taking advantage of the same status as an employee in charge of violence, etc.; (b) not only assaulting and harming the elderly female victims who resisting the above conditions; and (c) the quality of each of the crimes of this case was very poor; (d) the Defendant has been punished several times by obstructing the same kind of violent crime or obstructing the performance of official duties; and in particular, the Defendant committed each of the crimes of this case during the suspension and surveillance period due to interference with the execution of official duties, etc., which are disadvantageous to the Defendant.

On the other hand, however, the defendant recognized all of the crimes of this case, and deposited KRW 500,000 for the victimized police officer, deposited KRW 500,000 for the victim F, the victim I, and the victim I, the defendant who violated the obligations of this case during the period of protection observation, must jointly return to the defendant for six months suspended due to the cancellation of the previous suspended execution, for the reason that the defendant violated the obligations of this case by committing the crimes of this case during the period of protection observation, etc., and the balance between H and sentencing, which are co-offenders, and other circumstances that form the conditions for the sentencing of this case, such as the defendant's age, sex behavior, intelligence and environment, the motive, motive, means and consequence, and consequence of the crime of this case, the circumstances after the crime of this case, criminal records, family relations, economic circumstances, etc., the defendant's assertion that the sentence imposed by the court below is inappropriate because it is somewhat inappropriate to maintain it as it is.

3. In conclusion, the defendant's appeal is with merit, and the part of the judgment below's conviction against the defendant is reversed pursuant to Article 364 (6) of the Criminal Procedure Act and it is again decided as follows after pleading.

Criminal facts

this Court recognizes the substance of the evidence and the summary thereof.

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