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(영문) 청주지방법원 2018.01.18 2017노1138

상해등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (4 million won in penalty) is too unhued and unreasonable.

2. Circumstances unfavorable to the defendant are as follows.

The defendant asked the arms, etc. of the police officer who was performing legitimate duties, and suffered injury in need of medical treatment for a period of three weeks.

Circumstances favorable to the defendant shall be as follows:

The Defendant confessions each of the crimes of this case, and is divided.

The defendant seems to have committed each of the crimes of this case in a drunken state.

At the investigation stage, the defendant does not want the punishment of the defendant by mutual consent between the damaged police officer and the damaged police officer.

The defendant has no record of criminal punishment except for an old crime related to violence in 1988, and a fine of two times for a crime related to violence in 2007.

In addition, considering the Defendant’s age, sex, career, environment, background and consequence of the crime, and all of the sentencing conditions indicated in the instant records and the previous theories, such as the circumstances after the crime, the lower court’s punishment cannot be deemed to be unfair because it is too uneasible.

The prosecutor's 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 grounds that the prosecutor's appeal is without merit. It is so decided as per Disposition.