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(영문) 수원지방법원 2015.05.01 2014노7043
상해등
Text

The prosecutor's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

Punishments (two million won of fine) declared by the court below are too unhued and unfair.

Judgment

It is not clear that the crime has been committed by assaulting police officers who perform official duties.

However, there are conditions favorable to the defendant such as the confession and reflection of the defendant, the fact that the defendant seems to be a contingent crime, and the first offender.

In this context, considering various sentencing conditions, such as the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, the circumstances after the crime, etc., the sentence imposed by the lower court cannot be deemed to be too uneasible and unreasonable.

In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act because it is without merit.

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