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(영문) 전주지방법원 2016.10.14 2016노972

상해등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of three million won) of the lower court is too unfilled and unreasonable.

2. The crime of this case is a situation unfavorable to the defendant, in which the crime of this case was committed by assaulting a police officer dispatched by the defendant after receiving a 112 report, causing bodily injury requiring medical treatment for about two weeks, and at the same time, obstructing the police officer’s legitimate performance of official duties, etc., and where there is a need to strictly punish the crime of obstruction of performance of official duties in order to establish a state’s legal order and eradicate light of public power.

On the other hand, there is no record of criminal punishment before the defendant, the recognition of the crime of this case and the violation of the mistake, the degree of injury suffered by the damaged police officer is relatively minor, and the judgment of the court below that the victim does not want the punishment of the defendant, and that the defendant deposited KRW 2 million for the damaged police officer, etc. are favorable to the defendant.

In full view of the aforementioned circumstances and other factors of sentencing, including the background of the instant crime, the Defendant’s age, character and conduct, and environment, etc., as seen above, the lower court’s punishment is too uneasible and unreasonable. Therefore, the Prosecutor’s assertion is without merit.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.