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(영문) 의정부지방법원 2017.10.13 2017노2179
상해등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the period of three years from the date this judgment becomes final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (one year and two months of imprisonment, three years of suspended execution, and 160 hours of community service order) is too unreasonable.

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

2. The decision-making defendant recognizes all his mistake and reflects his fault.

The Defendant suffered from sexual cerebral cerebrovascular, etc. so far, and the health of the Defendant is not good until now, and the health of the Defendant seems to have affected certain parts of each of the crimes of this case, considering such health of the Defendant’s drinking.

In addition, 9 million won was deposited for one victim C, and 1 million won was deposited for police officer F.

The defendant is the first offender who has no previous criminal record.

However, in the case of the crime of injury of this case, the degree of injury is important, and the victim suffered a big inconvenience in the movement, and the police officer dispatched to avoid dispute with the third party was used to commit violence. The crime of this case is not good, and there is a need to strictly punish the crime of public authority, such as interference with the performance of official duties, in order to establish national legal order and eradicate a light of public authority. The degree of alcohol concentration in the blood during the driving of this case is considerably high, which caused physical damage, and the crime of this case was committed against the witness of the above drinking without contrary to the above mistake (in the case of the crime of this case, the court below dismissed the prosecution by agreement with the victim). The possibility of criticism is very high, and the procedure for criminal punishment against the victim C and police officer of each of the crime of this case was conducted, but the procedure for the crime of this case was conducted, and the court below committed the crime of this case without being able to avoid the performance of official duties and avoid the performance of alcohol, and the judgment of the court below.

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