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(영문) 대구지방법원 2014.04.02 2013노2805
폭행
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of two million won) of the lower court is too unfilled and unreasonable.

2. Determination: (a) under the unfavorable circumstances, such as the fact that the Defendant’s face of a female student who is merely 17 years of age without any special reason is inferior; (b) there is no effort to recover damage; (c) the Defendant has been sentenced to a fine for the same crime of obstruction of performance of official duties; or (d) the Defendant has committed a crime of obstruction of performance of official duties in 2012; or (c) the Defendant has committed a mistake by recognizing the instant crime; (d) the Defendant appears to have committed a crime of this case by contingency under the influence of alcohol; (e) the degree of damage is relatively heavy; and (e) the degree of damage is not relatively heavy; and (e) all the sentencing factors indicated in the argument of this case, such as the Defendant’s age, character and conduct, background of the instant crime, and circumstances after the instant crime, etc., the Prosecutor’s assertion

3. Therefore, 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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