beta
(영문) 수원지방법원 2017.12.22 2017노4766

폭행등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The reasoning of the appeal is that the lower court’s punishment (three million won in penalty) is too unfluent and unreasonable.

2. In full view of all the sentencing conditions, such as the Defendant’s age, sex behavior, motive, frequency of the crime, method of the crime, circumstance after the crime, etc., the lower court’s punishment is too uneasible and unreasonable, in light of the following circumstances: (a) the confession of the crime, the confession of the crime, the fact that there is no record of punishment other than once a fine; (b) the fact that the victimized police officer wanting to take the Defendant’s seat; (c) the police officer assaulted the police officer dispatched upon receiving a report to the police officer and thus, the nature of the crime is not good; and (d) there is a need for strict punishment against the crime obstructing the performance of official duties.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that it is without merit. It is so decided as per Disposition by the court below (Article 364 (4) of the Criminal Procedure Act on the ground that the "criminal facts" among the "criminal facts" of the judgment of the court below is changed to "in the I cab adjacent to the Sungnam-gu Seoul Yannung-gu Seoul Yannung-gu Seoul Yannannannannann-gu Ynannannannannann-gu Seoul Ynannannannannannannannannannannannann-gu