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(영문) 인천지방법원 2015.07.10 2015노1757
상해등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal that the court below rendered against the defendant is too unfilled and unfair.

2. We examine the judgment. The crime of this case is acknowledged that the defendant committed violence and bodily injury to many victims, and the police officers dispatched after receiving a report interfered with legitimate performance of official duties by assaulting them. The nature of the crime is not good, the defendant has been punished twice as an act of violence in the past, and the fact that the defendant did not agree with the victims.

On the other hand, however, the defendant stated that his mistake was against the defendant when he committed the crime of this case, although he had the record of being punished by the past violence, all of them was punished by a fine, due to the defendant's crime, the police officer did not have a standing room, and all of the sentencing conditions specified in the argument of this case, including the defendant's age, character and conduct, the background of the crime of this case, and the circumstances after the crime, are considered, it is difficult for the prosecutor to accept the above argument of the prosecutor.

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.

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