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(영문) 수원지방법원 2015.04.23 2014노5079
상해등
Text

The prosecutor's appeal is dismissed.

Reasons

1. In light of the prosecutor’s gist of the grounds of appeal (e.g., the instant crime of obstruction of performance of official duties) is very poor to commit the crime of assaulting the police officer dispatched upon receiving a report, and the importance of legitimate performance of official duties is serious crimes that infringe on the public authority, etc., the sentence of the lower court that sentenced a fine of KRW 3 million is too uneasible.

2. In light of all of the circumstances alleged in the grounds of appeal, the lower court’s punishment is too unjustifiable and unreasonable, considering the following: (a) there is no history of criminal punishment; (b) there is no history of criminal punishment; (c) the victim of the crime of injury in this case does not want the punishment of the Defendant; and (d) the motive and background of each of the crimes in this case; (c) the circumstances before and after the crime in this case; (d) the degree of damage; and (e) other various matters stipulated in Article 51 of the Criminal Act, which are conditions for sentencing, including the character

3. The prosecutor's appeal of conclusion 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.

However, according to the records, since it is obvious that there are some errors in the following, the court below’s decision is correct as “each of the imprisonment options” as “each of the penalty options” in the application of the relevant laws and regulations.

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