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(영문) 수원지방법원 2015.10.14 2015노1670

상해등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (a fine of five million won) declared by the lower court is too unhued and unreasonable.

2. The instant crime was committed by assaulting a police officer dispatched upon receiving a report to inflict an injury and obstructing the performance of official duties, and the quality of such crime is not good. In particular, the Defendant committed the instant crime during the period of repeated crime, and the liability for the instant crime is not weak.

However, the Defendant appears to have committed the instant crime in a drunken state, and immediately after the commission of the instant crime, the Defendant recognized the instant crime and divided his mistake.

In addition, the degree of the assault of this case is not severe, and the defendant deposited KRW 1 million for the police officers damaged.

In addition, comprehensively taking account of the following factors, such as the Defendant’s age, character and conduct, environment, details and contents of the offense, and circumstances after the offense, etc., the sentencing conditions specified in the instant records and pleadings do not seem to be unfair as the sentence imposed by the lower court is too uneasible

Therefore, the prosecutor's above assertion is without merit.

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