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(영문) 대전지방법원 2015.08.20 2015노331

상해등

Text

The appeal by the prosecutor is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for 6 months and 2 years of suspended execution) is deemed to be too uneasible and unfair.

2. The crime of this case is deemed to have been committed by the Defendant on the ground that the Defendant had a traffic-violation Stick issued, resulting in injury to the police officer, and interference with legitimate execution of duties, and the liability for the crime is not minor.

However, there are extenuating circumstances, such as the fact that the Defendant has divided his mistake into depth and reflected it, the fact that there was no criminal record as well as the punishment imposed once due to driving without a license in 2007, and deposited KRW 500,000 for the victimized police officer, etc. In addition, considering the Defendant’s age, character and behavior, environment, motive, means and consequence of the crime, and various sentencing conditions, such as the circumstances after the crime, etc., it is not recognized that the sentence of the lower court is too unreasonable to the extent that the sentence is reversed.

3. The appeal filed by the prosecutor with the conclusion is groundless, and it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.