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(영문) 광주지방법원 2017.08.29 2016노3804
상해등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The judgment of the court below on the gist of the grounds of appeal is too unfilled and unreasonable.

2. The judgment of the Defendant not only interfered with the performance of official duties by assaulting a police officer who is performing official duties on a legitimate basis, but also does not constitute a crime resulting in injury.

However, the injury suffered by the victim seems to be relatively minor, and the defendant deposited KRW 500,00 for the victim, and there is no criminal history.

In addition, considering the various circumstances, such as the defendant's age, sex, environment, motive, method, and consequence of the crime, which are shown in records and pleadings, the sentence of the court below is only within the scope of reasonable discretion, and it is difficult to view it as unfair because it is too low.

Therefore, prosecutor's assertion is not accepted.

3. In conclusion, the prosecutor's appeal against the Defendants is without merit, and all of them are dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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