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(영문) 대구지방법원 2015.01.22 2014노1790
상해등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (three years of imprisonment with prison labor for a year, three years of probation, and one hundred and twenty hours of community service) declared by the court below is too unfasible and unreasonable.

2. The circumstances that are disadvantageous to the defendant, such as the fact that there are many criminal records due to the crime of violence committed by the defendant, that the defendant interfered with the legitimate performance of official duties by police officers and damages public goods are not good, but that the defendant repents and reflects his fault, and that he has compensated for the damaged public goods.

In full view of such circumstances, Defendant’s age, character and conduct, intelligence and environment, relationship with victim, motive, means and consequence of the crime, circumstances after the crime, etc., the prosecutor’s assertion is without merit, and it is difficult to deem that the sentence imposed by the lower court is too uneasible and unreasonable.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.

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