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(영문) 부산지방법원 2016.11.03 2016노3095
상해등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. The gist of the grounds for appeal argues that the defendant's punishment for the six-month period of imprisonment imposed by the court below is too unreasonable, and the prosecutor asserts that it is too uneasible and unreasonable.

2. We examine both the defendant and prosecutor’s assertion of unreasonable sentencing.

The crime of this case was committed by the Defendant with the influence of alcohol and obstructing the business of singing in the instant singing room, and the Defendant received a report, and thereby inflicted three-way injury upon the police officer’s coconcing at the bar. The crime of this case is not very good in light of the circumstances, methods, results, etc. of the crime.

In addition, the Defendant had been punished several times for violent crimes including the obstruction of performance of official duties, and the Defendant was sentenced to two years of imprisonment on February 5, 2015 and again committed the instant crime even though he was under the suspension of execution, due to the criminal facts, etc. committed by a police officer who was sent to the police after drinking.

These circumstances are considered to be disadvantageous to the defendant.

However, considering favorable circumstances such as the defendant's recognition of the crime of this case, the defendant's attitude against the victim of the crime of obstruction of performance of official duties and the defendant's intent that the victim of the crime of obstruction of performance of official duties and injury expressed that the police officer did not want the punishment of the defendant, and the family members who should support the defendant, the defendant's age, character and behavior, environment, circumstances of the crime of this case, and all of the sentencing conditions shown in the records and arguments of this case, the punishment sentenced by the court below is within the proper scope of sentencing discretion.

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

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