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(영문) 서울서부지방법원 2014.03.21 2013노839
폭행등
Text

The defendant's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the lower court’s punishment (two years of suspended sentence for eight months) is too heavy;

2. The fact that the judgment defendant recognized the crime of this case and opposed to it, and that there is no record of punishment for the same crime is an element of sentencing favorable to the defendant.

However, the crime of this case is deemed to have been committed by the court below in full view of the various sentencing conditions shown in the argument of this case, including the fact that the crime of this case was committed under the influence of violence against police officers who lawfully perform official duties, and the nature of the crime is not somewhat weak, that the defendant has been punished several times due to the crime of injury, that there was no agreement with the damaged police officers up to the trial, that there was no agreement with the crime police officers up to the trial, and that the defendant should refrain from being aware of the fact that the defendant was a shock disorder, and that he committed the crime of this case under the influence of alcohol.

3. In conclusion, the defendant'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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