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(영문) 수원지방법원 2015.07.09 2014노6788

상해등

Text

All appeals by the prosecutor and the defendant are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the Prosecutor (three million won of a fine) is too unhued and unreasonable.

B. The above sentence imposed by the court below is too unreasonable.

2. The judgment of the defendant has the record of being punished for the crime of injury, and the defendant inflicts an injury on the police officer who called out to the scene of the disturbance such as male-gu and wraping, etc., and the crime of this case obstructing the performance of official duties requires a more severe punishment to establish public authority and legal order, etc. are disadvantageous to the defendant.

However, there is no history of punishment for the crime of obstruction of performance of official duties, and it seems that the defendant committed the crime of this case by contingency and shocking under the influence of alcohol at the time, and the defendant has been repented and against his mistake, such as accepting the police officer after the crime of this case and depositing considerable money to repay the damage, etc., which are favorable to the defendant.

In full view of such various factors of sentencing as well as the Defendant’s age, character, conduct, environment, economic circumstances, etc., the lower court’s sentencing is difficult to be deemed to be too weak or unreasonable, and the prosecutor’s and the Defendant’s above arguments are without merit.

3. In conclusion, since each appeal by the prosecutor and the defendant is without merit, it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.