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(영문) 서울동부지방법원 2014.12.12 2014노1542
상해등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable because the sentence imposed by the court below on the defendant (two years of suspended sentence for ten months of imprisonment, probation and community service order) is too unhued and unreasonable.

2. The crime of this case was committed under the influence of alcohol by assaulting a police officer called out after receiving a report of 112 that the defendant was frighten in the roadside, thereby obstructing the performance of official duties, and at the same time causing the injury, and the defendant was unable to recover the damage to the victim or receive the use of the crime. However, there are some circumstances unfavorable to the defendant, such as the defendant's wrongness and there was no past record of punishment for the previous crime, the defendant sent a frighten time and had no record of proof of alcohol existence due to the relation exposed to the environment where there are many alcohols to maintain the livelihood, but there is still shows rehabilitation intention, such as receiving the current treatment. The degree of damage caused by the crime of this case is relatively minor, taking into account various circumstances such as the motive and circumstance leading up to the crime of this case, the defendant's age before and after the crime, the defendant's age, character, character, occupation, occupation, family relation, etc., it cannot be deemed that the sentence of the court below is unreasonable.

Therefore, the prosecutor's above assertion 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.

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