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(영문) 창원지방법원 2015.01.21 2014노2283
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (a two-year imprisonment, a three-year suspension of execution, and a 120-hour community service order) of the lower court is deemed unreasonable.

2. The crime of this case is determined by the court below, since the defendant set off the victim's vehicle from the road to cut off the victim's vehicle driven by the victim C, and thereby obstructing the police officer's legitimate duties by driving the victim on the road, and obstructing the police officer's legitimate duties by driving the police officer who called out after receiving a report, and causing injury to the above police officer in need of two weeks of medical treatment. The defendant has past records of being punished 10 times as violence-related crimes. In particular, the crime of obstruction of performance of official duties, such as this case, has past records of being punished 10 times as crimes related to violence, and there is a history of being punished twice as crimes of obstruction of official duties, and thus, it is necessary to punish the defendant strictly because the crime of obstruction of official duties, such as this case, causes injury to the victim as dangerous things without any particular reason. In light of the circumstances of the crime, there are unfavorable circumstances such as poor quality

However, in full view of the following circumstances: (a) the Defendant recognized all of his/her criminal acts; and (b) the Defendant deposited KRW 500,000 in the above victim C for the recovery of damage at the lower court; and (c) comprehensively considered the Defendant’s age, character and conduct, motive, means and consequence of the crime; and (d) the conditions of sentencing specified in the records and arguments, such as the circumstances after the crime, it is difficult to deem that the lower court’s sentence is too unjustifiable and unreasonable

Therefore, prosecutor's assertion is without merit.

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

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