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(영문) 청주지방법원 2016.05.26 2016노46
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 (amounting to KRW 6,00,000) is too uneased and unreasonable.

2. Circumstances unfavorable to the defendant are as follows.

The defendant exercised a direct physical power over a number of police officers, and the police officers suffered an injury.

Police officers were punished for the defendant.

Circumstances favorable to the defendant shall be as follows:

The defendant is divided into and reflected in the crime of this case.

The degree of violence inflicted on police officers by the defendant or the degree of injury inflicted on police officers is relatively minor.

There is no record of criminal punishment except that the defendant is punished by a fine for violating the Act on Special Cases concerning the Settlement of Traffic Accidents in 2015.

In addition to the above circumstances, considering the Defendant’s age, sex, career, environment, background and consequence of the crime, and all of the sentencing conditions indicated in the instant records and arguments after the crime was committed, the lower court’s punishment cannot be deemed to be unfair because it is too uneasible.

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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