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(영문) 광주지방법원 2016.03.24 2015노2035
상해등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds of appeal (six months of imprisonment, two years of suspended sentence, one year of observation of protection, one year of community service work, 120 hours) is too unreasonable.

2. The circumstances favorable to the defendant include the fact that the defendant recognized the crime and reflected in the judgment, that the defendant has no record of punishment for the same crime, and that the defendant agreed with the victim C.

On the other hand, there is no agreement with the victim G, and the fact that the defendant committed violence to the police officer who was dispatched after receiving a report on his wife at a public place, and destroyed patrol cars, etc. is bad, and that there is a need to strictly punish the crime of obstructing the performance of official duties in order to protect the legitimate performance of official duties of the State and to establish sound social order.

In addition, comprehensively taking account of various sentencing conditions shown in the pleadings of this case, such as the defendant's age, sex, environment, and circumstances before and after the crime, the defendant's above assertion by the defendant is without merit, since the court below's punishment is too large and it is not deemed unfair.

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

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