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(영문) 창원지방법원 2020.06.04 2019노1933
특수상해등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The court below's scope of trial is dismissed among the facts charged against the defendant, and found guilty of the remaining facts charged, and since only the prosecutor appealed from the guilty portion on the grounds of unfair sentencing and the dismissal of the above indictment becomes final and conclusive separately, the court below's judgment is to be made only on the guilty portion among the judgment below.

2. The summary of the grounds for appeal (one year of imprisonment, two years of suspended execution, probation, and community service order 160 hours) declared by the court below is too unhued and unreasonable.

3. In a case where there is no change in the conditions of sentencing compared with 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, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). The fact that the Defendant committed several crimes without any special reason in a short term, and that a considerable number of such crimes are not likely to be committed in such a way that the victims are maternity, and that the crime of obstruction of performance of official duties requires strict punishment in order to resolve the fluence of public power and establish legal order.

However, in full view of the following circumstances: (a) the Defendant recognized the crime; (b) the victims of the crime of larceny by special injury do not want the punishment against the Defendant; (c) the damage to public goods was almost recovered; (d) the mental symptoms of the Defendant appears to have affected the Defendant’s mental health recovery and guidance; (c) the mother of the Defendant is making efforts to restore and guide the Defendant’s mental health; (d) the Defendant has no criminal record; and (e) the Defendant’s age, character and behavior, environment, occupation, and circumstances after the crime were committed; and (e) all the sentencing conditions in the records and pleadings, including the circumstances that the prosecutor might take into account as reasons for

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