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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. In the misapprehension of the legal principle, the police officer strongly demanded the measurement of alcohol to the defendant, who is merely a partner, and the victims only suffered an injury in the course of resistance, and the victim did not have the intention of injury.
B. The lower court’s sentence (six months of imprisonment, two years of suspended execution) is too unreasonable.
2. Determination
A. According to the evidence duly examined and adopted by the court below regarding the misapprehension of legal principles, especially the police statements of the victims, and the statements at the original trial court of the defendant, in light of the fact that police officers themselves acknowledged that the defendant used violence against the police officers, and the intention of the injury is sufficient to do so, it can be sufficiently recognized that there was the defendant's intentional injury. Thus, the above assertion by the defendant is without merit.
B. There are extenuating circumstances such as the Defendant’s absence of criminal records beyond the judgment on the assertion of unfair sentencing.
However, the crime of this case is not likely to be a crime of assaulting several police officers who properly perform official duties while under the influence of alcohol, and inflicting an injury on two of them.
There is no special reason to reduce the sentence of the court below for the first time.
In addition, considering various sentencing conditions, such as the defendant's age, character and conduct, environment, criminal records, motive, means and consequence of the crime, degree of damage, and circumstances after the crime, the sentence imposed by the court below is too unreasonable.
3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since the defendant's appeal is without merit.