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(영문) 서울중앙지방법원 2016.08.25 2016노2201
폭행등
Text

Defendant

Each appeal by the prosecutor is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (six months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence is too unhued and unreasonable.

2. We examine both the defendant and prosecutor’s grounds for appeal.

The nature of the instant crime, such as assaulting a police officer who performs his duties twice, is not easy, and the Defendant committed the instant crime as a repeated crime because the execution of punishment has not yet been completed due to a previous crime in the judgment and the crime has not been completed, is disadvantageous to the Defendant.

However, in full view of the following: (a) the Defendant’s mistake recognized and against the Defendant; (b) the degree of assault is not serious; (c) there is no change in circumstances or circumstances that may be newly considered in the sentencing after the judgment of the lower court was rendered; and (d) the Defendant’s age, sexual conduct, environment, motive, means, and consequence of the crime; and (c) all of the sentencing conditions indicated in the records and theories on changes, such as the circumstances after the crime, etc., the lower court’s sentencing cannot be deemed to be unfair because it goes beyond the reasonable scope of discretion or is too heavy.

3. According to the conclusion, each appeal filed by the defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, as there is no reasonable ground.

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