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(영문) 서울북부지방법원 2013.07.10 2013노592

상해등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (a fine of four million won) declared by the lower court is too unhued and unreasonable.

2. We examine the judgment. The crime of this case was committed against the defendant, on the part of the victim F, who was obscing to the urban bus article while the defendant took a bath, and damaged the safety by using violence against the victim F, who interfered with bus operation, and interfered with the legitimate performance of official duties by the police officer dispatched to the scene, and the act was not easy, the victims did not reach an agreement, and the defendant committed the crime of this case during the suspension of execution.

However, in full view of the following circumstances: (a) the Defendant made confessions most of the instant crimes while committing the instant crime; (b) the Defendant appears to have committed the instant crime without regulating one’s own appraisal due to alcohol; (c) the Defendant was receiving medical treatment to duplicate violence caused by alcohol; (d) the Defendant’s living while living alone supporting his child; and (e) other circumstances that form the conditions of sentencing prescribed in Article 51 of the Criminal Act, such as the motive for the instant crime, the Defendant’s age, health conditions, occupation, character and conduct, environment, family relationship, etc. as well as the circumstances after the instant crime, the Defendant’s sentence imposed by the lower court is too unjustifiable, and thus, the Prosecutor’s allegation above is without merit.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.