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(영문) 대전지방법원 2013.03.20 2012노2725
상해등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment for six months (old period: one year or six months to two years)) of the lower court’s punishment against the Defendant is unreasonable in light of all the circumstances, including the fact that the Defendant was able to have been punished for the same kind of crime within the period of repeated crime, and that there was no opening to commit the instant crime, which is highly likely to repeat a crime, and that there was no agreement with the victim of the injury and the victimized police officer.

2. In the case of Bda operated by the victim C, the defendant did not inform the whereabouts of the victim C of his or her multi-party employees, and took advantage of his or her personal injury, and inflicted injury on C on the victim C by taking advantage of his or her personal injury. The defendant obstructed the performance of official duties by taking advantage of the following: (a) he or she spits and spits the victim C several times by taking advantage of the victim C’s multi-party businesses, even if he or she easily spreads money through multi-party businesses; and (b) the act of using violence to police officers performing legitimate official duties is not very good enough to see the public authority; and (c) the defendant committed the crime of this case without being aware of the fact that he or she committed the crime of this case within the period of repeated crime even though he or she had been punished by imprisonment twice, one medical treatment and custody time, three times a suspended sentence, three times a fine, and eight times a fine.

However, when committing the instant crime in which the Defendant was under the influence of alcohol, his mistake is divided, and the injury of the victim C was caused by the loss of glass cups caused by the Defendant to protruding the face of the above victim, and the Defendant does not directly exercise the force of force on the victim, and thus, the result of the injury is actively acknowledged even if the Defendant did not have the intent to inflict the injury.

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