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(영문) 대전지방법원 2013.05.22 2012노2637
상해등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds of appeal (e.g., in a case where the Defendant took a bath against a police officer who is performing legitimate performance of official duties and inflicted an injury on him/her is not good to commit a crime. In light of all the circumstances, such as the fact that the Defendant’s attempt to commit a crime against a police officer who is performing legitimate performance of official duties and the fact that he/she is highly likely to repeat a crime, including the fact that he/she finds him/her at a police station while under the influence of alcohol even during the trial of the lower court, and that he/she is found to have failed to commit a crime, it is unfair to impose a sentence imposed by the lower

2. The instant crime committed by the Defendant, on the ground that the Defendant said that the victim D, who was his spouse, said that the victim D would be divorced, committed assaulted to the victim D, and thereby causing the victim D’s satisf around the bones of boom and the eye surrounding the snow. The police officers dispatched after receiving the victim D’s report by the victim D moved the victim D to the patrol vehicle to separate and protect the victim D, thereby preventing the police officers from driving ahead of the patrol vehicle. The police officers who avoided the Defendant’s act from carrying out the Defendant’s act by using violence, such as taking a bath, taking the Defendant’s arms, etc., obstructing the police officers’ legitimate performance of duties, and at the same time interfere with the police officers’ lawful performance of duties by using violence, such as taking the Defendant’s arms, etc., which requires two-month medical treatment, and exercising violence against the police officers carrying out legitimate public duties is not sufficient to constitute a crime of satisfing public authority, and taking account of the fact that the Defendant’s injury and agreement was not recovered.

However, the defendant's time to commit the crime of this case, the victim D does not want to punish the defendant, the degree of injury of the damaged police officer is relatively minor, the defendant was punished twice due to the violation of the Road Act in 1991 and the violation of the Punishment of Violences, etc. Act in 2000.

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