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(영문) 인천지방법원 2017.12.01 2017노3199
폭행등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence (4 million won in penalty) that the court below rendered by the court below on the gist of the grounds of appeal is deemed to be too unhutiled and unfair.

2. Under the influence of alcohol, the Defendant assaulted two victims of fighting with another person with the latter, and obstructed the performance of official duties by assaulting a police officer dispatched after receiving a report 112.

The crime is not a good crime because of the light of the public authority essential to maintain the order of the state.

The victims and the police officers who suffered the damage want to punish the defendant.

When considering these circumstances, the defendant needs to be punished corresponding to the responsibility for the crime.

However, the Defendant, who has no means to impose any criminal punishment, is against his mistake while recognizing the instant crime.

The defendant deposited KRW 2 million for the damaged police officers.

The degree of assault used by the defendant to victims and police officers is not severe, and it seems that the occurrence of the crime of this case is likely to result in the occurrence of the other contingency, which occurred while under the influence of alcohol at the time of this case.

In full view of the above circumstances, comprehensively considering the Defendant’s age, sex, career, environment, family relationship, motive and background of the instant crime, means and method, results, and all the sentencing conditions as shown in the present case’s records and arguments, the sentence imposed by the lower court cannot be deemed unfair because the sentence is too uneasible.

Therefore, prosecutor's argument cannot be accepted.

3. The appeal by the prosecutor of the conclusion is without merit, and it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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