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(영문) 수원지방법원 2016.08.04 2015노5769
상해등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (the imprisonment of eight months, the suspension of execution of two years, the observation of protection, and the community service time of two hundred hours) is too unfasible and unfair.

2. The judgment that the defendant cannot memory under the influence of alcohol

While recognizing the crime of this case, the degree of injury of F to the victim of the crime of this case or the degree of damage of patrol car, which is the object of the crime of damage to the public property of this case, is relatively excessive; the defendant paid repair expenses of the patrol car during the investigation process; the defendant did not have any record of criminal punishment other than fine; and the defendant's wife wanted to take the front of the defendant; etc. are favorable to the defendant.

However, the crime of this case was committed by assaulting the driver in the vehicle while the defendant walking along the way without any reason while putting the driver in the vehicle and causing the injury to the police officer F, who was called the police officer, by actively using violence, and then destroying the patrol vehicle during the process of arresting him, and thus, the crime is considerably poor in its quality, and there is a need to impose serious punishment on the obstruction of the performance of official duties and the crime of damaging public goods, such as this case, in order to resolve the clibing of legitimate public authority, and establish legal order. The defendant is punished for violent crimes or has many records of being subject to juvenile protective disposition, and the defendant was punished for committing the crime against the past police officer or destroying the patrol vehicle. The defendant committed the crime of this case under the influence of breathy violence even though he was well aware that it was committed by the defendant despite the withdrawal of breath, and the defendant committed the crime, other crimes, and considering the defendant's age, sex, environment, family relationship, etc., it is deemed unfair that the court below sentenced too unreasonable.

3. In conclusion, the prosecutor's appeal is justified.

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