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(영문) 수원지방법원 2016.06.24 2016노2501
상해등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (7 million won in penalty) is too unhued and unreasonable.

2. The judgment of the defendant caused an accident in which the defendant was under the influence of alcohol while driving while under the influence of alcohol to the extent that he could not memory, and even if the defendant was requested by the police officer dispatched to the site for the measurement of drinking, the defendant's failure to comply with the request, and instead, the crime's quality is not somewhat weak by causing violence to the police officer who has worn the uniform.

However, in full view of the following circumstances: (a) the Defendant recognized the instant crime and is against the Defendant; (b) the Defendant was sentenced to a fine of KRW 500,000 for a violation of the Punishment of Violences, etc. Act in around 1993 and around 2001; (c) the Defendant deposited KRW 5 million for the victim; and (d) the Defendant’s family members and employees, etc. wanting the Defendant’s wife; and (e) other circumstances that form the conditions for the sentencing specified in the instant case, such as the Defendant’s age, sex, environment, family relationship, and circumstances after the Defendant’s crime, the lower court’s punishment is deemed unfair, and thus, the Prosecutor’s allegation of the foregoing unfair sentencing is not acceptable.

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

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