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(영문) 서울중앙지방법원 2015.04.24 2015노176

재물손괴등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of KRW 3 million, Defendant B: a fine of KRW 4 million) of the first instance court is too uneased and unreasonable.

2. The determination of this case is not good enough to commit a crime by assaulting police officers on official duty by putting in uniform.

However, the Defendants appear to have committed the instant crime with the remaining contingent impulses while under the influence of alcohol, and the degree of assault is relatively serious.

The Defendants reflects the wrongness and do not repeat again.

In addition, in full view of the Defendants’ age, character and conduct, environment, criminal records, criminal records, the circumstances, details, results, and all the sentencing conditions as shown in the records and arguments, the first instance sentence is too uneasible and unfair.

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 ground that it is without

(A) Since a prosecutor entered the scope of appeal in the petition of appeal as “total”, the fact of causing property damage, which is the part not guilty, is also subject to the appellate court’s judgment. However, since the petition of appeal or the statement of grounds of appeal submitted by the prosecutor does not contain any grounds for appeal on this part, the prosecutor’s appeal is dismissed by maintaining the first instance judgment on this part.