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(영문) 서울북부지방법원 2019.03.22 2018노2256

독직폭행등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (the suspension of sentence for six months of imprisonment and suspension of qualifications for ten months) is deemed to be too unhued and unfair;

2. As police officers who need to protect human rights, the Defendant is aware of the principal part of the crime, and there is a great need to punish the victim by committing the crime in this case, and the victim also wishes to punish the Defendant.

However, all these circumstances are the circumstances in which the court below has already considered or was present at the court below's decision of punishment.

In addition, comprehensively taking into account the circumstances favorable to the defendant, the character and conduct of the defendant, the relationship with the victim, the motive and means of the crime, and the circumstances after the crime, etc., the judgment of the court below is difficult to evaluate that the judgment of the court below exceeded the reasonable scope of discretion, and there is no change in circumstances that can be newly considered in the trial of the court in the record.

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.