폭행등
The prosecutor's appeal is dismissed.
The lower court dismissed the public prosecution and sentenced the remainder of the charges on the grounds that the victim expressed his/her intent not to be punished after the prosecution of this case was brought against the Defendant as to the assault against the victim G, among the charges against the Defendant.
Since the prosecutor appealed only to the guilty portion, the dismissed part was separated and confirmed as it is, and excluded from the scope of the judgment of this court.
In the end, the scope of the trial shall be limited to the conviction of the original judgment.
2. The main point of the grounds for appeal is that the penalty (one million won of a fine) imposed by the court below on the defendant is too unhued and unreasonable.
3. The instant crime was committed against the victim, who is a police official, and thus, requires strict punishment for the instant crime in order to resolve the reputation of the legitimate public authority and establish a legal order. The Defendant has been punished once as a sentence, four times as a suspended sentence, four times as a fine, and 16 times as a fine, and the Defendant did not agree with the victim and thus, was disadvantageous to the Defendant.
However, in light of the fact that the Defendant led to the instant crime, and other various circumstances that form the conditions for sentencing as shown in the records and pleadings, such as the Defendant’s age, character and conduct, environment, family relationship, means and consequence of the instant crime, etc., the sentence imposed by the lower court is too uneasible and unreasonable.
4. 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.