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(영문) 대구지방법원 2014.11.27 2014노1974
상해등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable since the sentence imposed by the lower court on the Defendants (the 8 months of imprisonment, the 2 years of suspended sentence, the 6 months of imprisonment, and the 2 years of suspended sentence) is too unfasible.

2. The judgment of Defendant A has a record of being punished by a fine once for violent crimes, and Defendant B has a record of being punished by a fine once due to violent crimes and drunk driving. Defendant B committed the instant crime.

Defendant

B, while under the influence of 0.19% under the influence of alcohol, A is under the influence of one-way traffic, and A was under the influence of a police officer who concealed Defendant B’s vehicle, and the Defendants were under the influence of interfering with the legitimate performance of duties by police officers.

However, the Defendants did not have any record of criminal punishment or criminal punishment exceeding a fine due to the obstruction of performance of official duties before committing the instant crime, and did not repeat the crime in depth.

The degree of damage suffered by police officers is relatively minor, and the Defendants deposited KRW 2 million to police officers who suffered damage caused by the injury and harming the safety and safety, as well as the police officers agreed to the part of personal damage with the Defendants.

Defendant

A is responsible for the livelihood of her mother, Defendant B supports her parents, and Defendants seem to have lived faithfully before committing the instant crime.

In addition, in full view of all the sentencing conditions shown in the records and arguments, such as the age, character and conduct, environment, etc. of the Defendants, the sentence imposed by the lower court cannot be deemed unfair because it is too uneasible.

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

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