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(영문) 광주지방법원 2016.05.12 2016노688
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 (six months of imprisonment) is too unhued and unreasonable.

2. The following determination is an unfavorable circumstance to the Defendant.

The crime of this case is not a good crime that prevents the execution of official duties by assaulting a victimized police officer who was employed by the defendant at the police station D and the victimized police officer who recommended him to return home while working in the police station D, and at the same time, causes an injury.

In order to protect legitimate performance of official duties and establish a sound social order, it is necessary to strictly punish a violation of official duties.

The degree of injury suffered by the damaged police officer is not less exceptionally.

On the other hand, the following conditions are favorable.

The defendant's mistake is recognized and reflected.

Except for those subject to a fine twice prior to 2001 due to injury, etc., there is no history of particular criminal punishment.

For the first time, the family members of the defendant have paid 650,000 won to the damaged police officer, and the damaged police officer does not want to punish the defendant.

In addition, comprehensively taking account of the circumstances leading up to the instant crime, the circumstances following the instant crime, the Defendant’s age, sexual conduct, and environment, etc., the Prosecutor’s assertion is without merit, on the grounds that the lower court’s punishment is too uneasible and it is not deemed unfair.

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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