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(영문) 대구지방법원 2017.04.19 2016노4170

상해등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (one year of imprisonment, two years of suspended execution, observation of protection, and community service order 120 hours) imposed by the court below on the defendant is too uneased and unreasonable.

2. The crime of this case was committed by the Defendant without any justifiable reason by assaulting the victim and causing bodily injury to the police officer while performing official duties, and the nature of the crime is not good in light of its details and methods, etc., by obstructing the performance of special official duties in 2008, and by obstructing the performance of official duties in 2005, the Defendant was punished by a fine due to obstructing the performance of official duties in 2005, and there are other unfavorable circumstances such as the fact that there was a record of crime due to multiple violent crimes.

However, considering the fact that the defendant recognized the crime of this case and reflected the mistake, agreed with the victim E, the circumstances favorable to the fact that there was no record of the crime exceeding the fine, and taking into account other factors of all the sentencing as shown in the records and arguments of this case, such as the defendant's age, sex, sex, environment, family relationship, circumstances leading to the crime, means and result, etc., the sentence imposed by the court below was proper and the sentencing judgment by the court below exceeded the reasonable limit of discretion.

There are no circumstances such as evaluation or maintenance of it is deemed unfair (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). Therefore, the prosecutor’s aforementioned assertion is without merit, since the lower court’s punishment is too uneasible and unreasonable.

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.