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(영문) 의정부지방법원 2016.07.14 2016노949

상해등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable because the sentence imposed by the court below on the defendant (the imprisonment of eight months, two years of probation, one hundred and twenty hours of community service, and forty hours of order to attend a lecture) is too unfluened.

2. The judgment of this case is a case where the defendant escaped after making a traffic accident while drinking, but was discovered to the police and received a request for a measurement of drinking, causing bodily injury by assaulting the police officer to refuse a measurement of drinking, and the quality of the crime is poor.

There are three-time criminal records, including criminal records of the suspension of the execution of imprisonment with prison labor, which have been sentenced to a fine due to the obstruction of the execution of official duties.

However, the defendant did not focus on the degree of assault inflicted on the victim G who is a police officer, but agreed with the above victim.

At the time of the accident, the defendant was covered by comprehensive insurance.

The previous convictions of the violation of the Road Traffic Act were about 8 to 11 years.

Defendant has a family member to be supported by him/her, and is hardening to keep him/her from repeating a crime.

In full view of the above circumstances and the Defendant’s age, sexual conduct, environment, family relationship, motive and background of the crime, means and consequence of the crime, etc., various sentencing conditions as shown in the argument of the instant case, and the scope of recommended sentence according to the sentencing guidelines established by the Supreme Court sentencing committee, etc., the lower court’s sentence cannot be deemed unfair because it is too uneasible.

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.