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(영문) 수원지방법원 2015.11.19 2015노3552
상해등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (limited to eight months of imprisonment, two years of suspended execution, and 120 hours of community service order) declared by the court below is too unhued and unreasonable.

2. The crime of this case is committed under the influence of alcohol by the Defendant, and the police officer F, who was dispatched to the site of the Defendant, took a serious bath to the Defendant in order for the Defendant to return home, and the Defendant’s knee and knee in selling the knebbbbs. In the process, the police officer’s knee and knee in causing serious injury to the police officer. In the process, the crime of obstruction of performance of official duties is committed under the law, circumstances, and nature of the crime, and the crime of obstruction of performance of official duties requires more severe punishment to establish public power and legal order, and is disadvantageous to the Defendant.

However, the Defendant did not have any history of criminal punishment prior to the instant case, and appears to have committed the instant crime under the influence of alcohol at the time, and thus, it appears that the Defendant committed the instant crime. Since the instant case, the police officer did not want to punish the police officer under the mutual agreement with the victimized police officer, the Defendant repented and reflected his mistake, and taking into account all the sentencing conditions, including the Defendant’s age, environment, character and conduct, it is difficult to deem that the sentencing of the lower court is too uneasible and unreasonable, and the prosecutor’s allegation above is without merit.

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

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