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(영문) 인천지방법원 2017.05.11 2016노1320
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) by the court below is unreasonable because it is too unfasible to the punishment (eight months of imprisonment).

2. The crime of this case is acknowledged in the following cases: (a) the Defendant was under drinking alcohol and inflicted bodily injury on E and F, the president of the E and the business establishment, who is an employee of the business establishment; and (b) exercised direct physical force on the body of the inspector dispatched after receiving a signal; (c) even though the Defendant had been punished several times as violent crimes, it is not good to commit the crime of this case when he was under repeated crime; and (d) interference with the performance of official duties requires strict punishment for the establishment of public authority and the protection of legal order.

However, in full view of the following circumstances: (a) the Defendant did not wish to punish the Defendant under mutual agreement with the victim E, F, and the Defendant; and (b) the Defendant’s age, sex, motive, means and consequence of the instant crime; and (c) the circumstances after the commission of the crime, etc., the sentence imposed by the lower court is too uneasible and unreasonable.

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.

Provided, That the burden of litigation costs shall be governed by the proviso of Article 186 (1) and Article 189 of the Criminal Procedure Act.

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