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(영문) 부산지방법원 2017.04.13 2016노3884
상해등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence of the lower court (one year of imprisonment with prison labor for six months and one year of suspended execution, 40 hours of alcohol treatment lectures and 40 hours of violent treatment lectures, and 80 hours of community service order) against the accused on the summary of the grounds of appeal is unreasonable because it is too unfasible.

2. The Defendant’s crime of this case is considered to be disadvantageous to the victim, who is a police official dispatched by the Defendant upon receipt of the report, and the victim’s face and body walked due to the old wharf, resulting in the injury. The criminal liability is heavy, and the Defendant did not agree with the victims.

However, in light of the fact that the defendant confessions the crime of this case and reflects his mistake in depth through detention for a considerable period of time, the defendant appears to have committed the crime of this case in a contingent manner by drinking alcohol at the time, the mediation was made to pay consolation money to the victims in the civil procedure, the defendant's family members, etc. wanting to have a preference against the defendant, it is clear that there is no history of criminal punishment exceeding a fine, the defendant has no history of criminal punishment, in our Criminal Procedure Act, which adopts the trial-oriented principle and the principle of direct supervision, there is no change in the sentencing conditions compared with the first instance court, and the sentencing does not go beyond the reasonable scope of discretion, it is reasonable to respect it (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The unfavorable circumstances against the defendant, which was recognized, do not seem to fall under any special change in circumstances that could change the sentence of this case after the judgment of the court below was rendered, and the defendant's age and circumstances against the defendant in this case, etc.

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