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(영문) 수원지방법원 2016.07.15 2016노1175

폭행등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the penalty (two million won in penalty) imposed by the court below on the defendant is too unhued and unfair.

2. The crime of violence committed against a police officer performing official duties, such as the crime of this case, is deemed to be an obstacle to the establishment of legal order and to impair the authority of the public authority. However, the defendant recognized the crime of this case, the degree of assault committed by the defendant to a police officer is relatively heavy, and the defendant appears to have committed the crime of this case by drinking, and the defendant is likely to have committed the crime of this case by contingency under the influence of alcohol, and the defendant's age, sex, environment, motive, means and consequence, as well as other various circumstances that form the conditions of sentencing specified in the records and arguments of this case, such as the defendant's age, sex, environment, motive, means and consequence after the crime, it is not determined that the sentence of the court below is too unreasonable.

3. In conclusion, the prosecutor’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, and it is so decided as per Disposition.