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(영문) 대전지방법원 2013.11.20 2013노1348
상해등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., the form of an unjust act) was that the Defendant committed an injury to the police officer called out after receiving a report from 112 from among the 100ss of the 100s of the 100s of the 100s of the 100s of the 100s of the 100s of the 100s of the 100s of the 10s of the 10s of the 1

It is too unfortunate that is unfair.

2. The instant crime committed by the Defendant, while under the influence of alcohol, is committed by a police officer E and F who was called out after having pedaled the pedal at a restaurant and received a report on the breath, and was demanded to return home from the police officer E and F, leaving the pedal, and neglecting the pedal, thereby causing an injury to the victim F, which requires approximately two weeks of medical treatment, and at the same time interfere with the police officer’s legitimate performance of official duties, and at the same time, inflicting an injury on the victim. In light of the fact that the Defendant’s act of using violence against the police officer in the course of performing breathal and legitimate official duties is not good enough to constitute a crime of breathing public power, and that the victim’s breathal is not required to receive the victim’s breath, the prosecutor’s assertion that the Defendant should be punished strictly is also justified.

However, in full view of all the circumstances, including the Defendant’s age, character and conduct, environment, motive and circumstance leading to the instant crime, and circumstances after the instant crime, etc., the lower court’s sentence is deemed to be adequate and too unreasonable, and thus, is deemed unreasonable, given that the Defendant did not have any criminal record of the suspension of execution or heavier punishment for the same kind of crime except for the Defendant who has been punished three times by an act of violence, etc., and thus, the effect of punishment as a sentence of suspension of execution is expected along with the order to attend a lecture, and the Defendant’s age, character and conduct, environment, motive and circumstance leading to the instant crime, etc.

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