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(영문) 부산지방법원 2015.10.08 2015노2433

폭행등

Text

The prosecutor's appeal is dismissed.

Reasons

1. In light of the main sentence conditions of the grounds for appeal, the lower court’s punishment (2.5 million won of a fine) is too unhued and unreasonable.

2. Each of the instant crimes committed in relation to the grounds for appeal is highly likely to infringe upon the legitimate public authority, such as assaulting the victim D without any special reason, assaulting the police officers in the process of performing official duties after receiving a report, etc.

However, in full view of the following: (a) the Defendant’s initial crime recognized each of the instant crimes as a primary crime; (b) each of the instant crimes committed by a person under the influence of alcohol and the degree of damage is not much serious; and (c) the Defendant’s age, character and conduct, the circumstances leading to each of the instant crimes; and (d) various circumstances, which form the conditions for sentencing specified in the instant records and arguments, such as the circumstances after the commission of the instant crimes, are deemed too somewhat weak.

Therefore, prosecutor's assertion is without merit.

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.