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(영문) 전주지방법원 2014.07.18 2014노439
폭력행위등처벌에관한법률위반(공동상해)등
Text

All appeals filed by the prosecutor against the Defendants are dismissed.

Reasons

1. The lower court’s punishment (a fine of KRW 3,00,000) against the Defendants on the summary of the grounds of appeal is too unfasible and unreasonable.

2. In light of the fact that the crime of this case was committed by the Defendants in the form of uniform and assaulting police officers who perform duties concerning the handling of the assault case and the arrest of flagrant offenders, and that the Defendants inflicted bodily injury on the police officers who are victims by such assault, and the nature and circumstances of the crime are not provided to the Defendants, despite the fact that the Defendants received juvenile protective disposition several times due to the same crime, the Defendants committed the crime of this case in this case, it is necessary to strictly punish the Defendants. However, in the meantime, the Defendants’ confession during the crime of this case, are against the Defendants, and the Defendants appear to have committed the crime of this case in contingency under the influence of alcohol, and the Defendants appear to have reached the crime of this case. The Defendants did not want the punishment against the Defendants, and the degree of injury to G cannot be deemed to have been serious, and the Defendants expected to join the military life and thus, the Defendants’ age, character and conduct, family relationship, circumstances after the crime was committed, and there is no reason to find the court below’s allegation that the above Defendants’ punishment is unfair.

3. In conclusion, since the prosecutor's appeal against the defendants is without merit, all of the appeals are dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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