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(영문) 수원지방법원 2015.04.29 2014노5337
재물손괴등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the sentence imposed by the court below (two months of imprisonment, two years of suspended execution, and forty hours of violent therapy) is too unfford and unfair.

2. The fact that the Defendant was sentenced to a fine due to the crime of injury in the past; each of the crimes of this case was destroyed by a vehicle parked on the ground that the Defendant was in fired; the Defendant inflicted an injury on the police officer who received and dispatched the report; and the nature of the crime was poor; and the crime of obstruction of performance of official duties is an unfavorable circumstance to the Defendant, because the crime of obstruction of official duties is serious and infringing upon legitimate public authority.

However, in full view of the following circumstances: (a) the Defendant led to the instant crime; (b) there was no record of being punished for obstruction of performance of official duties; (c) there was no record of being punished for obstruction of performance of official duties; (d) there was an agreement with the victim C of the crime of causing property damage; (c) the degree of injury inflicted upon the police officer H was not serious; and (d) the Defendant’s most supporting the wife and children; and (e) other circumstances constituting the conditions for sentencing indicated in the record, such as the Defendant’s character and conduct, age, family relationship, motive and background, means and consequence of the

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

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