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(영문) 대구지방법원 2020.11.25 2020노1050
상해등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (the imprisonment of 10 months, the suspended execution of 2 years, the probation, and the community service order of 120 hours) of the lower court is too unreasonable; and

2. In a case where there is no change in the conditions of sentencing compared to the judgment of the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). The Defendant assaulted a victim who is an acting engineer in alcohol and received a report from the said victim, and obstructed the performance of official duties of the police officer called up, and is not likely to be subject to criticism due to the injury of the police officer.

Nevertheless, the court below suspended the execution of a sentence against the defendant, taking into account the circumstances such as the recognition of the defendant's crime and the violation of the law.

Considering that it is necessary to issue a social service order for a certain period of time to prevent recidivism and to enhance compliance awareness, and the community service order can be executed in the execution stage in consideration of the circumstances and environment of the subject, the lower court’s punishment, including the community service order for 120 hours, including the community service order, was conducted within the reasonable scope of discretion and is not hot.

3. Therefore, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since the defendant's appeal is without merit. It is so decided as per Disposition.

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