logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2016.11.10 2016노780
상해등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s imprisonment (six months of imprisonment, two years of suspended execution, and eight hours of social service) is too unhued and unreasonable.

2. The following determination is an unfavorable circumstance to the Defendant.

In this case, it is not good that the defendant was driving under the influence of alcohol and was subject to control by the police, and the police officer was able to return the key of the vehicle to the police officer, and the injury was inflicted by assaulting the police officer.

At the time of the instant case, the Defendant’s blood alcohol concentration was very high to 0.208%.

Although the defendant was punished for a suspended sentence for violent crime, he committed a crime of assaulting and injuring a police officer again.

It is necessary to strictly punish the crime of obstruction of performance of official duties in order to protect the legitimate performance of official duties and establish a sound social order.

On the other hand, the fact that the defendant had no record of criminal punishment due to drinking driving prior to the instant case, and that the injury suffered by the victim is relatively minor is favorable to the defendant.

In addition, in full view of the circumstances leading up to the instant crime, circumstances after the instant crime, Defendant’s age, character and conduct, environment, etc., and various sentencing conditions indicated in the instant records and pleadings, the prosecutor’s assertion is without merit, given that the lower court’s punishment is too uneasible and unreasonable.

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.

arrow