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(영문) 수원지방법원 2018.04.27 2017노7680
상해등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (eight months of imprisonment, two years of suspended execution, and one hundred and twenty hours of community service) is too unfluent and unreasonable.

2. The Defendant’s act of assaulting a police officer, establishing a state’s legal order and establishing a public authority and eradicating the light of the public authority requires strict punishment of a crime obstructing the performance of official duties. The victim, in addition to the damages caused by the instant crime, appears to have been unable to smoothly conduct driving business on the day of the instant case by destroying a mobile phone, etc., is disadvantageous to the Defendant.

On the other hand, the fact that the defendant has agreed with the victim in this court and has no record of criminal punishment until now, and that the defendant committed the crime of this case in a contingent state with an interest in alcohol is favorable to the defendant.

In full view of the factors and sentences of the sentencing in this Court, the sentencing of the court below exceeded the reasonable bounds of its discretion, when determining the sentencing.

There is no circumstance that it is deemed unfair to maintain the judgment of the court below as it is or that the judgment of the court below is unfair.

In addition, even if the circumstances and results of the instant crime were to be considered after the instant crime, the Defendant’s age, sexual conduct, environment, etc., the sentence of the lower court is deemed to be adequate and too unreasonable.

3. The appeal by the prosecutor of the conclusion is without merit, and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

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