beta
(영문) 서울서부지방법원 2016.10.13 2016노976

모욕등

Text

The prosecutor's appeal is dismissed.

Reasons

The gist of the reasons for appeal by the prosecutor is that the court below's punishment (4 million won of fine) is too unfluent and unreasonable.

In this case, it is recognized that the defendant expressed a desire to a police officer who is lawful execution of official duties and insults the defendant, interferes with the performance of official duties by assault, and the nature of the crime is bad, and the defendant did not agree with the victim.

However, in full view of the following factors: (a) the Defendant has led to the confession and reflect of all the instant crimes; (b) only the Defendant has been sentenced to a fine of two times; (c) the degree of the instant assault; and (d) the Defendant’s age, character and conduct, environment; (b) the details and consequence of the instant crime; and (c) the circumstances after the instant crime, etc., the Prosecutor’s assertion is groundless since the lower court’s punishment is too una

Therefore, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.