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(영문) 부산지방법원 2018.02.22 2017노3959
상해등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court on the summary of the grounds for appeal (two years of suspended sentence in the month of imprisonment with prison labor and two years of suspended sentence, observation of protection, and stimulative disorder) is too unfluent and unreasonable.

2. In a case where there is no change in the conditions of sentencing compared with the first instance court, and where the sentencing of the first instance does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The instant crime was committed by the Defendant by assaulting his/her service personnel and committing assaulting and injuring a police officer with four persons during the investigation process pertaining to the crime, and thus, the method of the crime is inadequate and the degree of damage is not weak.

However, the above crime was caused by the extreme disorder of the defendant.

In light of the fact that there are some circumstances to consider the motive for the crime, the defendant's depth is in contravention of his depth and needs to be given an opportunity for rehabilitation in being treated actively, and the defendant needs to be considered in favor of the fact that he was the first offender at the time when he committed the crime of assault in this case and has no record of criminal punishment exceeding the fine even after

In full view of the above circumstances, the lower court determined the sentence against the Defendant, and there is no new change in circumstances that could change the sentence of the lower court in the trial.

In addition, when comprehensively considering the sentencing conditions, such as the defendant's age, sex, environment, etc., as shown in the deliberation of the original court and the party, and the scope of the recommended punishment according to the sentencing guidelines, the sentence of the original court shall not be deemed to have exceeded the reasonable scope of discretion, or to be unfair because it is too low.

3. According to the conclusion, the prosecutor’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, and it is so decided as per Disposition.

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