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(영문) 대구지방법원 2018.01.25 2017노3847
폭력행위등처벌에관한법률위반(공동상해)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (one year of imprisonment with prison labor, three years of probation, two years of observation of protection, and 120 hours of community service) is too unfluent and unreasonable.

2. The Defendant, without any justifiable reason, committed a discriminatory assault against the victims, thereby causing injury to the victims. Among them, the degree of injury suffered by the victim F is significant; the Defendant driven the vehicle in the condition of drinking 0.191% alcohol during the blood during the course of being investigated into the above crime; obstructed police officers from performing their official duties by exercising violence; and the Defendant was punished for the same kind of violent crime and for driving under the influence of alcohol.

However, in full view of the following: (a) the Defendant committed a crime; (b) the victims are not subject to the punishment of the Defendant by agreement with the victims; (c) the degree of assault against the police officers is not serious; and (d) the police officers are taking the Defendant’s wife against the Defendant; and (c) other factors of sentencing as indicated in the records and arguments, including the Defendant’s age, sexual conduct, environment, occupation, and circumstances after the commission of the crime, the lower court’s punishment is too uneasible and unreasonable.

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

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