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(영문) 대전지방법원 2019.05.29 2018노2838
상해등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Reasons

1. Summary of grounds for appeal;

A. Defendant’s assertion that the sentence imposed by the lower court (two years of imprisonment with prison labor for eight months and two years of probation, community service order) is too unreasonable.

B. The Prosecutor’s assertion that the Defendant’s above sentence imposed by the lower court is too unfasible and unreasonable.

2. The judgment is favorable to the defendant that the defendant's attempt to commit the crime and reflects it, that the defendant agreed with the victim of the damage to property, and that the defendant deposited KRW 2 million for the police officer who suffered the injury.

However, there are many criminal records, including juvenile protective disposition and criminal records of criminal punishment against the defendant, and there are three times violence records among them, the defendant severely damaged the convenience store's goods on the ground that the defendant was merely made fire, the personal body of the dispatched police officer was directly injured and the patrol car was damaged, thereby seriously impeding the police officer's performance of official duties, the obstruction of performance of official duties and the damage of public goods was very serious, and the protected legal interest in the crime of obstruction of official duties was protected by the legitimate state authority and the protection of the public official's individual is not intended. Thus, the circumstance that the defendant deposited for the damaged public official is disadvantageous to the defendant, and there is no need to be limited consideration in determining the punishment of this case.

Considering the above circumstances and all of the sentencing conditions shown in the records and arguments of this case, such as the defendant's age, character and conduct, environment, and circumstances after the crime, the sentence imposed by the court below is deemed to be too unreasonable.

3. In conclusion, the prosecutor's appeal is with merit, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.

( long as the appeal by a prosecutor is reversed on the grounds of its reasoning, the appeal by the defendant shall not be dismissed separately).

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