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(영문) 수원지방법원 2015.09.03 2014노4759
상해등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

1. The summary of the grounds for appeal (the imprisonment of eight months, the suspension of the execution of two years, and the suspension of probation and violence therapy 80 hours) that the court below sentenced is too unfasible and unfair.

2. The judgment of the Defendant appears to have committed a part of the instant crime under the influence of alcohol at the time, and it is difficult to view that the victims suffered a relatively large loss due to the instant crime, and that the Defendant merely agreed with the victim E that the said victim did not want the punishment, and that the Defendant’s health condition is not good, are favorable to the Defendant.

However, the defendant received a juvenile protective disposition several times due to other crimes, and there are many occasions of punishment for the same kind of crime. Some of the crimes of this case are not good enough to be committed by the defendant, without any particular reason, such as that the defendant e, R, and U first takes a trial expense and exercises a discriminatory violence against the victim E, R, and U.S., and that the defendant took a serious bath to K with a police officer called the defendant under the influence of alcohol. Also, the defendant tried to arrest the defendant in the act of committing an act of committing an act of committing an offense of this case, such as the defendant's act of this case committed by the defendant, by repeatedly exercising violence against the victim N, who is another police officer, even after being investigated by the police station, and repeatedly taking the victim N, who is another police officer, requires more strict punishment to establish public authority and legal order, notwithstanding the fact that the defendant has left his residence without being able to repent his own fault, and the present location is unclear, the defendant's age, environment, and other character and behavior conditions of the defendant.

3. In conclusion, the prosecutor's appeal is reasonable, and Article 364 of the Criminal Procedure Act is reasonable.

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