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(영문) 대구지방법원 2017.12.01 2017노2719

상해등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence (five million won in penalty) that the court below rendered by the court below on the gist of the grounds of appeal is too unhutiled and unreasonable.

2. Each of the crimes of this case is an unfavorable circumstance, such as: (a) the Defendant committed an injury by assaulting a victim who prevents the victim from escaping, without paying a taxi fee, even though the Defendant used a taxi driving by the victim; or (b) the use of violence to a police officer who was voluntarily accompanied on the earth by the police officer even after he was voluntarily accompanied on the earth; (c) the nature of the crime is not good; (d) the State’s legal order and order are established; and (e) the crime of interference with the performance of official duties, such as this case, needs to be punished; (d) the degree of injury of the victim D is not less easily; and (e) the Defendant committed each of the crimes of this case without being aware of the fact that the Defendant was indicted due to a crime related to

However, it is advantageous to the following: (a) the Defendant made a confession of each of the crimes in this case while under the influence of alcohol, the Defendant seems to have reached each of the crimes in this case; (b) the degree of interference with the performance of official duties is not severe; (c) the Defendant agreed with the victim D of the crime in this case with the victim D of the bodily injury in this case; (d) the victim did not want the punishment of the Defendant; (e) the police officer does not want the punishment of the Defendant; (d) the Defendant did not have any history of criminal punishment for the same crime; (e) the Defendant did not have any criminal record exceeding the fine; (e) the Defendant’s wife complained of the Defendant

Considering the above circumstances and other circumstances, the Defendant’s age, sex, environment, motive and background leading to the instant crime, its means and consequence, etc., and all of the sentencing conditions indicated in the instant case records and arguments, it appears that the sentence imposed by the lower court is unfeasible and unfair.