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(영문) 서울서부지방법원 2016.06.16 2016노443

모욕등

Text

The prosecutor's appeal is dismissed.

Reasons

The gist of the prosecutor's appeal is that the court below's punishment (two million won in penalty) is too unfluent and unfair.

However, the crime of this case is deemed to be unfair because the sentence of the court below is too unfasible and unfair, in full view of various sentencing factors shown in the argument of this case, such as the defendant's age, sexual conduct, the process and consequence of the crime of this case, and circumstances after the crime, etc., although there is a need to strictize the public authority and legal order by exercising violence against the police officer who properly performs official duties. However, the defendant's confession and reflects by the defendant, the defendant has no record of the same kind of crime, the defendant has no record of criminal history, and the crime of this case appears to have occurred as contingent. The prosecutor's assertion is without merit.

Therefore, 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.