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(영문) 춘천지방법원 강릉지원 2013.07.18 2013노129

The prosecutor's appeal is dismissed.


1. The sentencing of the lower court (a fine of KRW 1.5 million) is too unhued so far as the gist of the grounds for appeal is unreasonable.

2. The judgment of the court below is based on the following facts: (a) the crime of this case was committed by assaulting a police officer who controls lawful drinking driving; (b) it is necessary to strictly punish the defendant in light of the circumstances and contents of the crime; (c) however, the degree of injury suffered by the victim is relatively minor; (d) the defendant reflects the crime of this case; (c) the defendant has no record of criminal punishment except a fine of KRW 500,000,000 due to the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents; and (d) all of the sentencing conditions indicated in the records of this case,

3. Accordingly, the appeal of this case is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.