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(영문) 대구지방법원 2016.08.26 2016노1171

상해등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence (4 million won in penalty) that the court below rendered by the court below on the gist of the grounds of appeal is deemed to be too unhutiled and unfair.

2. The crime of this case committed by a police officer upon receipt of a report 112 is deemed to have taken a bath and inflicted an injury on a baby’s sloping face in drinking. In particular, the crime of performing official duties requires strict punishment in order to establish the state’s legal order and eradicate the public peace.

However, the Defendant recognized all of the instant crimes and committed a mistake in depth, and appears to have led to the instant crime under the influence of alcohol, and the family and the neighbors wanted to have a preference against the Defendant, and the lower court already agreed with the victim.

In addition, in full view of the various circumstances that are conditions for sentencing, such as the Defendant’s age, sex, environment, motive, means and consequence of the instant crime, the circumstances after the crime, and the records of the crime, it is not recognized that the sentence imposed by the lower court is too uneasible and unfair.

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