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(영문) 대전지방법원 2013.04.17 2012노2390
상해등
Text

The prosecutor's appeal is dismissed.

Reasons

1. In light of all the circumstances, such as the fact that the defendant inflicts an injury on the police officer who is performing legitimate official duties and obstructed the performance of official duties, the crime is not good, and that it does not reach an agreement with the victimized police officer, etc., the court below's punishment (a fine of KRW 4 million (a fine of KRW 10 million (a fine of KRW 10 million) against the defendant is too unreasonable.

2. According to the judgment, the defendant expressed a desire for a police officer who was dispatched to the scene after receiving a report on domestic violence, while taking the police officer's hand and drinking, etc., and at the same time interfering with the police officer's performance of official duties as well as obstructing the police officer's performance of duties, such as taking the police officer in need of medical treatment for about 7 days to 14 days. Even if the defendant reported the police officer dispatched to the scene and resisted the police officer, the defendant's act of exercising violence to the police officer who is performing legitimate official duties is not sufficient to be a crime of light of public power, and the defendant's failure to reach an agreement with the victimized police officer, there is a prosecutor's assertion that the defendant should be punished against the defendant.

However, when committing the instant crime under the influence of alcohol, the Defendant committed the instant crime, and the mother of the Defendant reported his son to the Defendant, and the Defendant reported the instant crime as domestic violence. The Defendant was contingent as a result of reporting the police officers dispatched to the Defendant’s house at Auds. The Defendant made substantial efforts to recover damage, such as deposit of cash KRW 1 million in order to D with the victimized police officers, KRW 50,000 in cash, and KRW 50,000 in order to E with the victimized police officers, etc. at the lower court, and taking full account of all other circumstances, such as the Defendant’s age, character and conduct, environment, background and motive leading to the instant crime, and circumstances after the instant crime.

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