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(영문) 창원지방법원 2017.10.25 2017노2361
상해등
Text

The prosecutor's appeal is dismissed.

Reasons

1. Sentencing sentencing on the gist of reasons for appeal

2. The crime of this case is acknowledged that the crime of this case was committed by the Defendant upon receiving a 112 report on the act of disturbing drinking alcohol and causing bodily injury to the police officers, and that the degree of injury suffered by the victimized police officers is not easy, and that the crime of this case not only undermines the function of the law and order by nullifying the legitimate exercise of governmental power by the State, but also requires strict punishment related to the safety of the people.

However, comprehensively taking account of the following: (a) the Defendant led to the confession of a crime; (b) appears to have committed contingent crimes under the influence of alcohol; (c) deposit a certain amount for the victimized police officers; (d) the police officer C does not want punishment against the Defendant; (e) the Defendant paid donations; and (e) the Defendant’s health status is not good; and other various sentencing conditions specified in the instant records and arguments, such as the Defendant’s age, sexual conduct, environment, motive and means of the crime; and (e) the circumstances after the crime, etc., the lower court’s sentence (six months of imprisonment) is too unjustifiable and unreasonable.

The prosecutor's assertion is without merit.

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 appeal is without merit. It is so decided as per Disposition.

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