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(영문) 대구지방법원 2017.05.26 2017노214
상해등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the sentence imposed by the court below on the defendant (two years of suspended sentence for six months of imprisonment, 80 hours of community service order, and 40 hours of lecture for violent treatment) is too uneased and unreasonable.

2. The crime of this case is not deemed to be a case where the defendant committed an injury by exercising violence against the legitimate execution of duties by police officers dispatched after receiving a report of 112.

The defendant has a record of 5 times violent crimes, including the punishment.

However, considering the fact that the degree of injury is relatively minor, the fact that there was an agreement with the victimized police officer, etc., the lower court’s sentencing judgment exceeded the reasonable bounds of discretion, in full view of the Defendant’s age, sexual conduct, environment, motive, means and consequence of the commission of the crime, circumstances after the commission of the crime, etc.

There are no circumstances such as evaluation or maintenance of it is deemed unfair.

Therefore, the prosecutor's above assertion is without merit, since the court below's punishment is too unfasible.

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

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