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(영문) 청주지방법원 2016.04.28 2015노1343
상해등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (five million won in penalty) is too unfluent and unreasonable.

2. Circumstances unfavorable to the defendant are as follows.

Defendant assaulted police officers who perform their duties in uniform, thereby damaging the public authority with respect to law enforcement.

The defendant injured a female victim E face when drinking.

However, there are the following favorable circumstances for the defendant.

The defendant has no record of committing any other crime except where he/she is sentenced to a fine three times due to a crime of violating the Road Traffic Act.

The Defendant confessions all of the crimes of this case and is against the law.

The Defendant agreed with E as the victim of the crime of injury and the crime of interference with duties.

The extent of violence and intimidation against the police officer of the defendant is serious.

It does not appear.

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

After the defendant has divorced from his wife, he supports his husband and wife as his husband and wife.

In addition, comprehensively taking into account the Defendant’s age, sex, motive and background of the crime, means and consequence, circumstances after the crime, crime records, and all of the sentencing conditions indicated in the instant arguments and records, 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 on the grounds that the appeal is without merit. It is so decided as per Disposition.

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