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(영문) 대구지방법원 2016.12.21 2016노3064
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. We examine the judgment. Although there are unfavorable circumstances, such as the following: (a) the Defendant’s act of this case was destroyed by a flab, etc., the Defendant was arrested as a flagrant offender and was arrested as a victim; (b) the Defendant interfered with the police officer’s performance of duties by using violence, such as flabing the flab of the damaged police officer, and her face at the cell of the police station; and (c) the injury cannot be deemed to be light; (d) the Defendant recognized and is in profoundly against the facts charged in this case; (c) the Defendant appears to have committed the instant crime more contingent than once of a fine due to a violation of the Road Traffic Act (driving), and the Defendant did not have any particular criminal record; and (d) the Defendant deposited KRW 1 million for the victimized police officer; and (e) the Defendant’s age, character and conduct, family relationship, circumstances after the crime, etc., and the prosecutor’s argument that the sentence of this case was unreasonable and unreasonable.

3. In conclusion, the prosecutor's appeal 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.

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