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(영문) 수원지방법원 2016.11.11 2016노4891
상해등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the lower court’s punishment (three million won of a fine) is too unhued and unreasonable.

2. The crime of this case committed by the Defendant by assaulting a police officer, obstructing the performance of official duties, and causing an injury, and the nature of the crime is not good.

However, considering various sentencing conditions, such as the Defendant’s age, character and behavior, environment, motive, means and consequence of the crime, degree of damage, circumstance after 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 as it is without merit. It is so decided as per Disposition.

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