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(영문) 광주지방법원 2015.11.12 2015노759
상해등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the lower court’s imprisonment (six months of imprisonment, one year of suspended execution, and forty hours of social service) is too unfased and unreasonable;

2. Each of the instant crimes committed by the Defendant constitutes obstruction of the performance of official duties, injury, or insult to a police officer who acts for a legitimate performance of official duties, and the refusal to take a drinking test is not good in light of the Criminal Act, and the act of obstructing the performance of official duties by a police officer in uniform requires strict punishment to enhance the national public authority’s trust.

However, considering the favorable circumstances, such as the fact that the defendant repents his mistake and reflects against himself, the defendant's failure to repeat the crime, the fact that 2 million won is deposited for G by the victimized police officer, the degree of injury to the victim G, the fact that the victim G was not serious, the victim's life has not been faithfully living until now, and the circumstances of the crime in this case such as the defendant's age, character and behavior, environment, circumstances and result of the crime in this case, the court below's punishment is too unjustifiable and unfair. Thus, the prosecutor's above assertion is without merit.

3. In conclusion, the prosecutor's appeal is without merit, and it is dismissed under Article 346 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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