beta
(영문) 수원지방법원 2017.11.09 2017노6559

상해등

Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (4 months of imprisonment and 100,000 won of fine) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. We also examine each of the judgment and prosecutor’s unfair sentencing cases.

The fact that there is a need to strictize crimes that interfere with the performance of official duties for the establishment of national law order and the enhancement of public power, the fact that the Defendant agreed with the victimized police officers or appears to have failed to receive a letter from the victimized police officers, the Defendant has been subject to criminal punishment several times of violent crimes, and the Defendant committed each of the crimes of this case again during the period of repeated crime resulting from the same crime is disadvantageous to the Defendant.

On the other hand, the fact that the defendant acknowledges all of his criminal acts, that the defendant is aged, that the mental health seems to be somewhat poor, and that the degree of injury suffered by the damaged police officer was not much serious, etc. are favorable to the defendant.

As above, the lower court appears to have determined the sentence in consideration of various favorable and unfavorable circumstances to the Defendant, and there is no special change to the extent that it is considered in sentencing in the past.

In addition, comprehensively taking into account all the sentencing conditions indicated in the records of this case, such as the character, conduct, environment, motive and circumstance of the crime, and circumstances after the crime, it is difficult to deem the sentencing of the court below is too heavy or unreasonable. Thus, each of the above arguments between the defendant and the prosecutor is without merit.

3. In conclusion, since each appeal by the defendant and the prosecutor is without merit, it is dismissed in entirety in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.