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(영문) 청주지방법원 2016.11.10 2016노408
상해등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (ten months of imprisonment, two years of suspended execution, and 80 hours of community service order) of the lower court is deemed to be too unhued and unreasonable.

2. Circumstances unfavorable to the defendant are as follows.

The defendant has been punished eight times due to the violation of the Punishment of Violences, etc. Act.

Defendant assaulted police officers who perform their duties by suffering from work uniforms, thereby damaging the public authority with respect to law enforcement.

Circumstances favorable to the defendant shall be as follows:

The Defendant recognized all of the crimes of this case and reflected in the instant case.

There is no criminal record which exceeds the same criminal record or fine for the last ten years.

The Defendant agreed with the victim of the crime of interference with business in the lower court, and deposited KRW 1.5 million each for the police officer H and I.

The degree of injury to police officers is light.

The defendant seems to have committed the crime of this case in a drunken manner, and the defendant seems to have committed the crime of this case.

In addition, considering the Defendant’s age, character and conduct, career, environment, background and consequence of the crime, and all of the sentencing conditions specified in the instant records and pleadings, such as the circumstances after the crime, it cannot be deemed that the lower court’s punishment is too uneasible 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 as it is without merit. It is so decided as per Disposition.

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