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(영문) 수원지방법원 2015.05.22 2015노595

상해등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the lower court’s punishment (4 million won of a fine) is too unhued and unreasonable.

2. The nature of the crime is not weak, such as the fact that the defendant, as soon as possible, inflicted an injury on the victim E by shouldering the suspension of the victim E, and assaulted the police officer performing legitimate official duties.

However, considering the favorable circumstances such as the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, circumstances after the crime, etc., the sentence imposed by the court below is too uneasible and unreasonable, in light of the following factors: (a) the Defendant has no history of punishment in Korea; (b) the recognition of the crime and the mistake are divided; and (c) the victim E has reached an agreement with the victim.

3. In conclusion, the prosecutor's appeal is dismissed under Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.