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(영문) 전주지방법원 2015.07.10 2015노498
상해등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (ten months of imprisonment, two years of suspended execution, and 80 hours of community service order) of the lower court is deemed to be too unhued and unreasonable.

2. The crime of this case is deemed to have been committed by the police officer who was requested by the defendant to return home from the victim police officer who was under the influence of alcohol after receiving a report that the defendant was under the influence of alcohol, obstructed the performance of official duties by exercising violence, interfered with the performance of official duties by exercising violence, and inflicted two preceding cautions on the police officer, and it is necessary to punish the defendant strictly due to poor nature of the crime.

However, in light of all of the following factors: (a) the Defendant led to the instant crime; (b) the Defendant made efforts to recover damage by depositing KRW 1.5 million for the victims; (c) the Defendant was a primary offender who has no record of criminal punishment; and (d) the Defendant’s age, character and conduct, family environment, etc., and all of the sentencing conditions specified in the instant argument, such as the Defendant’s age, character, and family environment, it is not recognized that the lower court’

Therefore, prosecutor's assertion is not accepted.

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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