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(영문) 의정부지방법원 2016.03.23 2015노2904
상해등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds of appeal (the imprisonment of eight months, the suspension of execution of two years, and the community service time of eight hours) is too unfased and unreasonable.

2. The judgment of the court below is that the Defendant, who was under the influence of alcohol on the street, was arrested as a crime interfering with the performance of official duties, and again committed a crime of interference with and injury to the performance of official duties in the short period of time after he was released from the Defendant, without any particular reason, by drinking or threatening a police officer’s face, without any justifiable reason. The Defendant committed a crime of interference with and injury to the performance of official duties in the short period of time after he was arrested as a crime of interference with the performance of official duties in the second sentence 2015 of the judgment below.

However, there are circumstances favorable to the defendant that the defendant led to the confession of each of the crimes in this case, the victim F's injury is minor, the defendant has no record of being sentenced to a suspended sentence or heavier punishment, and that the defendant was detained for the nearest period of three months in the original trial due to the crime in this case.

In addition to these circumstances, the defendant's age, environment, occupation, motive for committing the crime, method and consequence of the crime, the circumstances after committing the crime, and the sentencing guidelines of the Supreme Court (the 6th to 2th July 10): The basic area [the case of special mitigation factors: minor injury (the 1st to 4th), the case of special aggravation factors: the case of interference with the execution of official duties: the case of interference with the execution of official duties: the basic area [the case of special mitigation factors: the degree of special mitigation factors: the 1st to 4th: the case of minor injury), the case of special mitigation factors], the basic area [the case of the 1st to 1st to 2nd June: the case of interference with the execution of official duties (the 1st to 4th: the case of special mitigation factors: the degree of special mitigation factors: the 1st to 6th: imprisonment with prison labor in case of a large number of public officials; the case of the above special aggravation factors; the case of coercion of the execution of official duties; the 1st to 6th to 2nd.

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