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(영문) 수원지방법원 2017.04.21 2016노6506
상해등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (3 million won in penalty) is too unhued and unreasonable.

2. In order to establish the legal order of the judgment state and eradicate the light view of public authority, there is a need to strictly punish a crime interfering with the performance of official duties. The crime of this case is a case where the defendant reported domestic violence under the influence of alcohol and used violence to a police officer dispatched after receiving a report on domestic violence, and the nature of the crime is not good.

On the other hand, the following points are favorable to the defendant.

The Defendant is the first offender, and the Defendant is the confession of the facts charged in the instant case, and his mistake is divided.

The Defendant appears to have committed the instant crime by contingency while interesting.

The degree of assault in a crime that interferes with D's performance of official duties is not relatively more severe.

The defendant's wife desires to take the front line.

The court below seems to have determined the punishment in consideration of all favorable and unfavorable circumstances to the defendant.

In addition, comprehensively taking account of the Defendant’s age, sex, environment, relationship with the victim, etc., various sentencing conditions as shown in the instant records and arguments, the lower court’s punishment is too uneasible and unreasonable. Therefore, the prosecutor’s assertion is without merit.

3. The appeal by the prosecutor of the conclusion is without merit and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

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