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(영문) 수원지방법원 2016.04.07 2015노4136

상해등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (the imprisonment of six months, the suspension of execution of one year, the lectures of violent therapy, the community service order of 120 hours) that the court below made is too uneasible and unreasonable.

2. The judgment of the defendant has the record of being punished by a fine due to a crime obstructing the performance of official duties, and there is a record of being punished by a fine several times for other crimes such as assault, etc., in that the defendant was reported by the defendant in the restaurant and inflicted an injury upon the police officer's booming the cream of the police officer dispatched after being reported by the defendant in the restaurant, the circumstances and the nature of the crime are not good, and the crime of obstructing the performance of official duties requires more severe punishment to establish public authority and legal order, etc.

However, in full view of all the sentencing conditions shown in the arguments of this case, including the defendant's age, sex, environment, family relation, motive and circumstance of the crime, relationship with the victim, etc., it is difficult for the court below to see that the sentencing of the court below is too low and unfair, and thus it is difficult to see that the sentencing of the court below is too excessive, and the degree of injury suffered by the police officer is relatively excessive, and there is no record of criminal punishment exceeding the fine even, the victim D is not subject to criminal punishment, the victim D by paying consolation money, and the victim D does not want the punishment of the above victim, the victim was punished by consolation money, and the defendant made efforts to be punished by the victim.

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.