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(영문) 수원지방법원 2016.09.01 2016노1723
상해등
Text

The prosecutor's appeal is dismissed.

Reasons

The gist of the prosecutor's appeal (unfair form) of the crime of this case is that when the defendant took a bath against the police officer who was dispatched after receiving 112 report under the influence of alcohol, the crime of this case is not good to be committed by causing bodily injury and obstructing the police officer's performance of official duties by cutting down the breath, pushing ahead with breath, and obstructing the police officer's breath. The degree of assault inflicted upon the police officer is not easy, and as a result, the police officer's spath and spath from the spath of spath and spath, and the defendant showed an attitude that the police officer's spath of spath because he was investigated by the police station after he was arrested as a flagrant offender, and it is necessary to strictly punish the person who committed the obstruction of performance of official duties. In light of the above, the punishment of the court below that sentenced 300,000

Judgment

In full view of the circumstances alleged in the grounds of appeal, including the Defendant’s age, character and conduct, environment, motive and circumstance of the crime, etc., the lower court’s punishment is too unjustifiable, even if considering the circumstances alleged in the grounds of appeal, and thus, it is not determined that the sentence is too unjustifiable, and thus, the above assertion is unreasonable, since it is not reasonable.

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

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