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(영문) 수원지방법원 2016.10.14 2016노2139
상해등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (two years of suspended sentence for one year of imprisonment, a fine of five hundred thousand won, probation, and community service order) is too uneased and unreasonable.

2. The judgment of the court below is that the defendant has been punished several times for obstruction of performance of official duties and violence crimes, and even after being drunkly explained to the police officers who were sent to the police station after being taken in the police box, the crime is not significantly good. However, there is no record that the defendant led to the confession of all of the crimes of this case and reflects his mistake, there is no record of punishment exceeding the fine for the last ten years, and there is no special circumstance to change the sentence of the court below when the sentencing grounds of the court below are reasonable, and there are no other circumstances that make it possible to change the sentence of the court below in light of the defendant's age, character and behavior, character and environment, intelligence and environment, motive, method, method, and consequence of the crime, circumstances before and after the crime, criminal records, etc., the prosecutor's assertion of unfair sentencing is not accepted, and thus, it is not recognized that the sentence of the court below is too unjustifiable and unfair.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.

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