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(영문) 서울북부지방법원 2015.12.23 2015노1436
폭행등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (the imprisonment of eight months and the suspension of execution of two years) declared by the court below is too unhued and unreasonable.

2. The crime of this case is deemed to have been committed under the circumstances where police officers dispatched after receiving 112 report, and assaulted the part of the victim G with the 112 clothes, and furthermore, it is recognized that the police officers wearing a uniform have good desire to look at their own clothes, and obstructed legitimate execution of their duties by assaulting the police officers, such as drinking, etc., such as the nature of the crime, the method and attitude of the crime is inappropriate, and it is not easy to agree with the victim until the trial is the case, or the damage is not recovered, even if there was a record of punishment of fines twice by the same act of violence, and even if there was another record of punishment of fines, the defendant is deemed to have committed the crime of this case disadvantageous to the defendant. On the other hand, it is recognized that the defendant has a favorable opportunity to look at the defendant's wrong conditions, such as age, character and conduct of the defendant, family relationship, occupation and condition of the defendant, etc., and the punishment of this case is unreasonable after considering all of the circumstances and circumstances of this case.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.

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