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(영문) 수원지방법원 2018.05.28 2017노9077
상해등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (six months of imprisonment and one year of suspended execution) is too heavy or (the Defendant) it is too heavy.

2. In light of the following: (a) the Defendant showed the attitude of recognizing and opposing the Defendant’s mistake; (b) the Defendant agreed with the police officers who suffered the injury; (c) the Defendant was sentenced to a fine for the same type of crime in 2016; and (d) the Defendant committed the instant crime; and (c) the degree of the use of violence or the degree of injury suffered by the victimized police officers, the nature of the crime is somewhat weak.

In addition to the circumstances unfavorable to the defendant, such as that the sentence of the court below cannot be mitigated or aggravated, there is no change of circumstances that may result in the reduction or aggravation of the sentence of the court below in the court below, and considering the defendant's age, sexual conduct, environment, motive and circumstances of the crime, method and consequence of the crime, circumstances after the crime, etc., various sentencing conditions as shown in the records and arguments, such as the records and changes after the crime, the sentence of the court below does not seem to be unfair because it is deemed reasonable, too

Defendant

The prosecutor's improper argument of sentencing is without merit.

3. The appeal by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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