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(영문) 서울서부지방법원 2016.10.06 2016노755

상해등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds of appeal (7 million won of a fine) is too unhued and unreasonable.

2. The crime of this case is not only an injury to the victim D's face by drinking by the defendant, but also an injury to the police officer's arms who carries out legitimate official duties, and thus, the crime of this case is not good, and there is a need for strict punishment as a matter of law and order and public authority.

However, in full view of all the conditions of pleadings and the records, such as the confession of the criminal defendant and the mistake, the fact that the criminal defendant seems to have committed a contingent crime, the primary crime, the defendant's age, career, character and conduct, environment, the circumstances of the criminal act in this case, the method and means of the criminal act, circumstances after the criminal act, etc., the prosecutor's allegation of unfair sentencing is without merit.

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.