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(영문) 수원지방법원 2020.05.07 2019노5227
상해등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (two months of imprisonment, two years of suspended execution and fine of 600,000 won, and 40 hours of community service) of the lower court is too unreasonable;

2. Recognizing the fact that the Defendant appears to have come to commit the instant crime in a somewhat contingent condition while under the influence of alcohol, such circumstances as the fact that the Defendant led to the confession of the instant crime and reflects his mistake in depth, the Defendant does not want the punishment of the Defendant under an agreement with the damaged service personnel and the social work personnel, and the Defendant’s health is not good, it appears that it has already been considered in the sentencing of the lower court.

In addition, the crime of this case was committed by the Defendant to inflict an injury on the service personnel and social work personnel in C Station customer support room, interfere with their legitimate performance of duties on their passenger service services, and obsesses in a large voice in G District, etc. In light of the method and content of the crime, the crime was committed significantly poor in light of the nature of the crime in light of the method and content of the crime, and the defendant has a record of criminal punishment twice a fine due to the obstruction of performance of official duties. In full view of the following factors: equity in sentencing with similar and similar incidents; the defendant’s age, character and behavior, environment, motive and background of the crime; and other various sentencing conditions indicated in the argument of this case, including the circumstances after the crime, it is not deemed unfair for the lower court to have imposed the sentence too too unreasonable.

Therefore, the defendant's above assertion is not accepted.

3. As such, the defendant's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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