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(영문) 부산지방법원 2014.05.22 2014노903

상해등

Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (two years of suspended sentence for October, and eight hours of probation, community service, etc.) is too unreasonable;

2. There are extenuating circumstances to consider the Defendant in favor of him, such as having no criminal record of imprisonment without prison labor or heavier and having agreed to the victims of the crime of causing property damage and bodily injury.

However, in the case of obstruction of performance of official duties and insult, the court below sentenced a suspended sentence by taking into account the above favorable circumstances, as there are no changes in circumstances to be considered in sentencing after the sentence of the court below, since the defendant did not go through or make efforts to receive a letter to the injured police officers until the trial, and the community service imposed by the court below is merely 80 hours and does not cause a great trouble to the maintenance of livelihood or vocational activities, and the motive and circumstances of the crime of this case, the defendant's age, character and behavior, environment, etc. are heavy, and thus, the punishment of the court below is appropriate in light of two circumstances, which are the conditions for the punishment of this case, such as the motive and circumstances of the crime of this case, the defendant's age, character and behavior, etc.

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