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(영문) 인천지방법원 2014.10.17 2014노2456
상해등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable because the penalty (4 million won of a fine) declared by the court below against the defendant is too unhued.

2. In full view of all the circumstances such as the fact that there is a high possibility of criticism of the instant crime that obstructs the adequate exercise of public authority by the police officer, the fact that the Defendant committed the instant crime, such as the fact that the Defendant was more poor than the nature of the crime by causing injury to the police officer, and that the Defendant recognized the instant crime, and that there is no record of the same crime, and there is only one time the record of fines, and the degree of injury of the victimized police officer is minor, and that the Defendant deposited one million won for the victimized police officer, and that the Defendant was able to adapt and live well to the Korean society without any criminal act in the future; that the Defendant appears to be a criminal act by drinking; that there is no special circumstance or change that may be newly considered in the sentencing after the sentence of the lower judgment was rendered; that there is no motive or change of the Defendant’s character and behavior, environment, relationship with the victim, motive and means of the instant crime; and that the circumstances after the crime were after the crime, etc., the lower court is reasonable to have sentenced the Defendant.

Therefore, the prosecutor's assertion of unfair sentencing 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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