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(영문) 전주지방법원 2016.08.18 2016노372
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 (one year of imprisonment, two years of suspended execution, observation of protection, and community service order 100 hours) is too unfasible and unreasonable.

2. Determination is recognized that the Defendant, for a short time, twice commits a crime that interferes with the performance of official duties, is showing violent inclinations, such as obstructing a restaurant employee, and that in the case of a crime that interferes with the performance of official duties, the Defendant spits spit the face of police officers and walking the vessel, etc.

However, in light of the following factors: (a) the Defendant agreed with the victim I for the crime of injury, and the victim did not want the punishment of the Defendant; (b) deposited KRW 1 million for the victims of the crime obstructing the performance of official duties; (c) the Defendant’s fault in depth by living in custody for about four months; (d) there was no history of punishment heavier than the fine; and (e) other factors indicated in the record and the theory of change, such as the Defendant’s age, sex behavior, environment, motive and circumstance of the crime, etc., the sentencing of the lower court is too unaffortuous and unreasonable.

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

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