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(영문) 서울서부지방법원 2014.06.12 2014노139
상해등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (two months of imprisonment and two years of suspended execution) of the lower court is deemed unreasonable.

2. The judgment of the defendant is under the influence of alcohol that the defendant inflicts an injury on a taxi engineer, and the nature of the crime is light in that he assaults a police officer dispatched after receiving a report and obstructed the performance of official duties. However, until the trial of the court, the confession of the crime and the depth of the crime have been committed, the degree of injury or assault has not been serious, the victim was deposited in the trial, the victim was partly punished by a fine, while the defendant had the history of being punished for the same crime, and all of the sentencing conditions in the records and arguments, such as the background, means and circumstances after the crime of this case, the defendant’s career, and the circumstances after the crime of this case, are considered as the records and arguments, it cannot be said that the sentence against the defendant is unreasonable.

3. In conclusion, the prosecutor's appeal is without merit and it is so decided as per Disposition under Article 364 (4) of the Criminal Procedure Act.

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