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(영문) 서울남부지방법원 2017.07.13 2016노1458

폭행등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal in light of the following facts: (a) the Defendant assaulted the taxi engineer as a matter of taxi rate, boomed the taxi engineer, worn a uniform, and assaulted the police officer dispatched to the reported site; (b) the quality of the offense is not good; (c) there is a need for strict punishment against the offender obstructing the performance of official duties in order to establish legal order; and (d) the Defendant has been punished for the crime of injury, etc. by assaulting the taxi engineer in 2014; and (b) the sentence imposed by the lower court (two years of suspended sentence in the month of imprisonment with prison labor for eight years) is deemed unfair.

2. The judgment accused does not have any history of criminal punishment heavier than a fine, and is able to repent his/her mistake in depth through the life of confinement for about one month, and live in good faith without reoffending.

In addition, considering the circumstances surrounding the Defendant’s age, sex, environment, motive, means and consequence of the crime, etc., as well as the circumstances favorable to or unfavorable to the Defendant, and the reasons for sentencing of the lower judgment, the lower court’s punishment is too unjustifiable and unreasonable, even in light of the various circumstances asserted by the Prosecutor on the grounds of appeal.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.