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(영문) 서울북부지방법원 2013.06.21 2013노573

폭력행위등처벌에관한법률위반(공동폭행)등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (ten months of imprisonment, two years of suspended execution, and 80 hours of community service order) declared by the court below is too unhued and unreasonable.

2. We examine the judgment of the court below. The crime of this case was committed jointly with Co-defendant C of the court below, and the defendant assaulted the victim who is a taxi driver, and obstructed the legitimate performance of official duties of police officers by using violence against police officers who restrain it, and the nature of the crime is not less than that of the victim, but also did not reach an agreement with the victim. However, the defendant is in depth in the confession of the crime of this case, the degree of damage caused by the crime of this case is not severe. Co-defendant C of the court below, who is the defendant's pro-friendly, was sentenced to the punishment of this case and the judgment became final and conclusive. The degree of the crime of this case was not more than that of the above C, the defendant did not seem to be severe than that of the above C, the defendant's motive, age, occupation, character and conduct, environment, family relationship, etc. of the crime of this case, and other various circumstances that are the conditions for sentencing under Article 51 of the Criminal Act as well as the records and arguments after the crime were committed.

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