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(영문) 대전지방법원 2017.11.30 2017노2249
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (two years of suspended sentence for one year of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. The lower court determined the Defendant’s punishment within a reasonable scope by fully taking account of the overall circumstances regarding the sentencing of the Defendant.

Although the Defendant deposited KRW 500,00 for a victimized police officer in the trial of the party, in light of the legal interests and interests of obstructing the performance of official duties and the form of the act of assault in this case, it is difficult to view that it is an important change of circumstances to the extent that the sentence of the lower court is changed.

Therefore, even considering the circumstances asserted by the defendant and the prosecutor on the grounds of appeal, the lower court’s punishment is too heavy or it is not deemed unfair.

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit. Thus, each of the appeals is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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