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(영문) 수원지방법원 2016.11.24 2016노3489
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

The prosecutor's appeal is dismissed.

Reasons

The gist of the prosecutor's appeal (unfair form) Defendant A's crime of special injury in this case is that the Defendant inflicted an injury upon the victim's head by beer with beer disease on the ground that the Defendant's attitude of the victim was not expressed in his age club, and that it seems that the degree of injury suffered by the victim was serious, and that the victim's fear and mental suffering was serious, and that the damage was not caused, and that the Defendant did not reflect the wrongness, the lower court's sentence, which sentenced the two-year suspended sentence to the Defendant for six months, is unreasonable.

Defendant

B In light of the fact that the nature of the crime of obstruction of the performance of official duties in this case is not good, that there is a strict punishment for the crime of obstruction of the performance of official duties against police officers, and that there is a risk of re-offending because the defendant was two times of having received juvenile protective disposition due to violent crimes and received a fine of three million won due to the crime of injury, etc., the sentence of the court below that sentenced the defendant to a fine of four million won is too unreasonable.

Judgment

Defendant

A. In full view of the circumstances alleged in the grounds of appeal, including the Defendant’s age, character and conduct, environment, motive and background of the crime, degree of injury, circumstances after the crime, etc., the lower court’s sentence is too unjustifiable and thus, is not deemed unreasonable, even if considering the circumstances alleged in the grounds of appeal in the grounds of appeal, it is not determined that the Defendant’s punishment is too unjustifiable, and thus, the above assertion is groundless.

Defendant

B The defendant recognized and reflected the mistake, and committed the obstruction of performance of official duties in this case by contingency, and the defendant.

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