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(영문) 울산지방법원 2017.08.25 2017노199

상해등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The Prosecutor’s appeal-based summary of the reasoning of the appeal (the imprisonment of eight months, the suspension of the execution of two years, and the community service order 160 hours) is too uneased and unreasonable.

2. In light of the judgment, the defendant interfered with the business of the restaurant even though he had the record of juvenile protective disposition due to violent crimes, and inflicted an injury on the police officer dispatched after receiving a report from the restaurant customer and 112. The nature and circumstances of the crime and the circumstances of the crime are not easy, and the damaged police officer wanted to punish the defendant and is disadvantageous to the defendant.

On the other hand, each of the crimes of this case is an contingent crime committed under the influence of alcohol, the degree of injury suffered by victims is relatively not severe, the defendant has no criminal records of the same kind or suspension of execution, the defendant has a profoundly reflected in the defendant's mistake while committing the crime, and some of the victims have agreed to agree with the defendant smoothly. In full view of all the sentencing conditions of the defendant's age, sex behavior, environment, family relationship, circumstances after the crime, etc., the court below's punishment seems to be within a reasonable and appropriate scope, and it cannot be deemed unfair because it is too unreasonable.

Therefore, prosecutor's assertion is without merit.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.