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(영문) 수원지방법원 2014.04.17 2013노5148

상해등

Text

The prosecutor's appeal is dismissed.

Reasons

The summary of the grounds for appeal (unfair punishment) of the lower court’s sentencing (limited to six months of imprisonment, two years of suspended sentence, 40 hours of alcohol treatment lectures, 120 hours of community service work) is deemed unreasonable.

The crime of this case was committed against the victim F, who was parked in the vicinity on the ground that the defendant was fighting at a flick, damaged the victim F, who was called the police officer upon receiving a report, by drinking the victim I, who was called the police officer, once a week, and obstructed the performance of official duties at the same time. While being investigated at the earth, the victim J, a female police officer, was insulting by taking a bath that the sexual expression was included in the sexual expression. In light of the contents and motive of the crime, it is not good that the crime is committed.

However, considering the following circumstances: (a) the victim F expressed his/her intent that he/she agreed with the defendant and that the victim F would not want the punishment against the defendant; (b) the degree of injury suffered by the victim I is minor and the degree of interference with the performance of official duties is not serious; (c) the defendant appears to have committed contingent crimes under the influence of alcohol; (d) there is no record of punishment due to the obstruction of performance of official duties; and (e) there is no record of crime exceeding the fine; (b) the court below recognized and reflected the mistake; (c) the court below additionally ordered taking lectures and community service for a considerable period of time; and (d) other circumstances that are the conditions for the sentencing specified in the instant case, such as the defendant’s age, character and conduct, motive, means and consequence of the crime

Therefore, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.