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(영문) 인천지방법원 2014.09.05 2014노2022

상해등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The court below dismissed the prosecution on the grounds that the victim E and F prosecuted the insult of the facts charged in the instant case and revoked the Defendant’s accusation after instituting the prosecution, and sentenced the Defendant to six months of imprisonment and two years of suspended execution, recognizing the remaining injury and obstruction of performance of official duties.

Since only the prosecutor appealed on the guilty portion and the rejection of prosecution by both parties did not appeal, the scope of this court's judgment is limited to the guilty portion of the judgment below.

2. The above sentence imposed by the court below on the defendant is too unhued and unfair.

3. The judgment of the court below, in light of the fact that the defendant interferes with the police officer's appropriate exercise of public authority, and the nature of the crime was extremely poor, there are many violent crime records against the defendant, even though it has long been punished once as a crime of obstruction of performance of official authority, it is necessary to punish the defendant strictly. However, the defendant recognized the crime of this case and is in profoundly against the defendant, the defendant wanted the defendant's wife by agreement with the victims who are police officers, and the victim wanted the defendant's wife. The victim's injury by the crime of this case is not excessive, the victim's injury by the crime of this case is presumed to be the crime of this case, the defendant is presumed to be a person who must support the defendant, there is a family member of the court below, and there is no change in the circumstances or circumstances that can be newly considered in sentencing after the decision of the court below was made, and all the circumstances and the records of this case after the crime of this case are examined.