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(영문) 청주지방법원 2015.09.24 2015노634
상해등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the lower court’s punishment (7 million won of a fine) is too unhued and unreasonable.

2. The circumstances unfavorable to the defendant are as follows.

The Defendant expressed a desire to a police officer in uniform and sustained a bodily injury, thereby causing serious damage to the public authority.

Even before committing the instant crime, the Defendant has been punished by a fine of three times for the crime related to violence.

The conditions favorable to the defendant shall be as follows:

The defendant is in profoundly against his wrongness.

The degree of injury suffered by the victim is not much serious.

The defendant deposited KRW 500,00 for the victim.

The Defendant had no record of being punished for the same crime before committing the instant crime.

In full view of the various circumstances surrounding the above defendant's age, character and conduct, environment, family relationship, motive and circumstance of the crime, and all the sentencing conditions as shown in the records and arguments of this case, it cannot be said that the sentence of the court below is too uneasible and unfair.

The prosecutor's assertion is not accepted.

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

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