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(영문) 수원지방법원 2015.01.15 2014노4556 (1)

폭행등

Text

The prosecutor's appeal is dismissed.

Reasons

1. In light of the summary of the grounds of appeal in this case’s sentencing conditions, the lower court’s sentence against the Defendant (limited to eight months of imprisonment, two years of suspended execution, and one hundred and sixty hours of community service order) is too uneased and unreasonable.

2. In light of the following: (a) the Defendant actively participated in the instant special obstruction of performance of official duties; (b) the nature of the offense is not good; and (c) the Defendant committed a violent crime; (d) the Defendant is divided into his/her own crime; (c) there is no criminal history of imprisonment without prison labor or heavier punishment; (d) the Defendant is relatively old young people; and (e) other various matters stipulated in Article 51 of the Criminal Act, which are conditions for sentencing, such as the Defendant’s character, conduct, and environment, as indicated in the instant records and arguments, the Defendant’s sentence against the Defendant

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.