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(영문) 서울동부지방법원 2014.08.22 2014노588
상해등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable because the sentence imposed by the court below on the defendant (two years of suspended sentence for eight months of imprisonment, two years of probation, and one hundred and twenty hours of community service order) is too unhued.

2. Although the crime of this case was committed by the defendant to inflict an injury on the victim B, who is a substitute driver, and had the police station conduct an investigation, it was impossible to conduct an investigation due to the relationship with the police station, and thus it was impossible to do so, the crime of this case was committed in the absence of the police officer's bathing and obstructing the performance of official duties by exercising violence despite being unable to do so, the crime of this case was committed. The defendant has been punished several times in the same kind of violent crime within the last ten years, and the victim has been damaged or has not been used to recover from the victims. However, there are some favorable circumstances that the defendant's mistake is against the defendant, and the degree of damage is not excessive under the influence of alcohol at the time, such as the method and result of the crime of this case, the circumstances and result of the crime of this case, the age and character of the defendant, intelligence and environment, etc., and the result of the application of the sentencing guidelines of the Sentencing by the Sentencing Committee, and the prosecutor's assertion as above is unreasonable.

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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