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(영문) 청주지방법원 2017.04.27 2016노1450

모욕등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (two million won in penalty) is too unhued and unreasonable.

2. Circumstances unfavorable to the defendant are as follows.

The Defendant insultingd the police officer who performed his duties by suffering from work uniform, and the Defendant assaulted the above police officer, thereby impairing the public authority with respect to the enforcement of the law.

Circumstances favorable to the defendant shall be as follows:

The Defendant confessions each of the crimes of this case, and is divided.

The degree of injury inflicted on the victim is minor.

The defendant seems to have committed each of the crimes in this case in a drunken manner.

The defendant has no history of criminal punishment.

In addition, considering the Defendant’s age, sex, career, environment, background and consequence of the crime, and all of the sentencing conditions indicated in the instant records and the previous theories, such as the circumstances after the crime, the lower court’s punishment cannot be deemed to be unfair because it is too uneasible.

The 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 on the grounds that the prosecutor's appeal is without merit. It is so decided as per Disposition.