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(영문) 수원지방법원 2016.03.23 2016노192

상해등

Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (six months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence is too unhued and unreasonable.

2. The circumstances favorable to the defendant, such as the fact that the defendant is responsible for the livelihood of his family, including the denial of pregnancy, that the victim D does not want the punishment of the defendant, that the defendant deposited 2 million won for the victim F, that the defendant deposited 50 million won for the victim I, and that the defendant led to confession and reflects.

However, in order to establish the state's legal order and eradicate the light of public authority, it is necessary to strictly punish a crime that interferes with the execution of public duties, such as violence committed by a police officer who has committed an act of violence, the nature of such crime is not good, the injury and degree of the victims are not weak, and the defendant has a record of being punished once due to the power and obstruction of the performance of official duties several times due to an act of violence.

In full view of all the circumstances that are conditions for sentencing, such as the Defendant’s age, sex, environment, family relationship, motive and method of committing the crime, and circumstances after committing the crime, the lower court’s sentence is deemed appropriate, and it cannot be deemed that the Defendant and the prosecutor’s unfair sentencing are too heavy or unreasonable. Thus, the Defendant and the prosecutor’s argument of sentencing are without merit.

3. According to the conclusion, the appeal by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.