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(영문) 울산지방법원 2018.10.05 2018노800
특수폭행등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (4 million won in penalty) is too unhued and unreasonable.

2. We examine the judgment. Each of the crimes of this case committed by the defendant while drinking alcohol without any particular reason against a police officer who was dispatched after receiving a report on a dangerous article, and without any specific reason, and the crime is not less complicated, and the fact that the defendant did not receive a letter from the victimized employee and the police officer is disadvantageous to the defendant.

However, in full view of all the sentencing conditions stated in the arguments of this case, including the defendant's family relation, age, sexual conduct, environment, circumstances after the crime, changes in circumstances after the sentence of the lower judgment, etc., the lower court appears to be within a reasonable and appropriate scope and is unreasonable, considering the following: (a) there is no particular history of punishment in addition to the previous conviction of a minor punishment; (b) the defendant has recognized and seriously reflects his/her errors; and (c) his/her family relation is relatively clear, such as the defendant's family relation, age, sexual behavior, environment, circumstances after the crime; and (d) there is no reason to believe that the sentence of the lower court is unfair

Therefore, prosecutor's assertion is without merit.

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.

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