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(영문) 대구지방법원 2017.01.25 2016노4866
상해등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (ten months of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. It is recognized that the judgment defendant has divided his/her mistake, and suffers from a mental disorder with stimulative disorder.

However, in light of the attitudes and methods of each of the crimes in this case, the nature of the crime is very rough and bad, and the crime of obstructing the performance of official duties in this case is an assaulting a police officer to obstruct the performance of official duties by the defendant, and thus, it is necessary to punish the defendant strictly in consideration of the recent situation of public authority. The defendant is punished several times due to violent crimes, etc., a fine is imposed, a suspended sentence is imposed, the victim C is punished, the victim's injury is not less severe, the victim did not receive a letter from the victimized police officer or did not agree with the victims. There is no change of circumstances that may determine different from the court below at the time of the trial, the defendant's age, sexual behavior, environment, motive, means and result of each of the crimes in this case, and the scope of recommended sentences of sentencing guidelines established by the Sentencing committee, such as the circumstances after the crime, etc., it is not deemed unfair for the court below's punishment to be too excessive.

Therefore, the defendant's assertion is without merit.

3. As such, the Defendant’s appeal is dismissed under Article 364(4) of the Criminal Procedure Act on the ground that it is without merit, and it is so decided as per Disposition (Article 25(1) of the Rules on Criminal Procedure). However, since it is apparent that “written reply to inquiry, such as criminal history, etc., was added by mistake” in the summary of evidence in the judgment of the court below, “written reply to inquiry, such as criminal history, etc.,” is corrected to delete it ex officio pursuant to Article 25(1) of the Rules on Criminal Procedure.

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