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(영문) 부산지방법원 2016.11.04 2016노3231
상해등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the lower court’s punishment (five million won of a fine) is too unhued and unreasonable.

2. The crime of this case is found to have been committed by the Defendant under the influence of alcohol by assaulting the victim E et al., body body, etc., and the police officer H who was called upon 112 after receiving a report was franked by him, such as suckbucks by the police officer I (28 years old), and the police officer I (28 years old) sbucks and sbucks by walking sbucks several times, which require two-day medical treatment, and the police officer I sbucks for 30 minutes after he was arrested of a flagrant offender, and sbucks for 30 minutes after he was arrested of a flagrant offender and brought into the earth to the earth. In light of the content and circumstances of the crime and the number of times, etc., it is found that the crime is inferior.

However, in full view of the following circumstances: (a) the Defendant recognized the instant crime and reflects his mistake; (b) the Defendant was the first offender; (c) the Defendant deposited KRW 300,000 for the victim E; (d) KRW 500,000 for the police officer H; and (e) KRW 2 million for the police officer I; (c) the Defendant’s social ties relation appears to have been solid; and (d) other circumstances that are conditions for sentencing indicated in the record, such as the Defendant’s age, environment, family relationship; and (e) the background leading to the instant crime; and (e) the circumstances before and after the instant crime, the lower court’s punishment

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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