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(영문) 수원지방법원 2015.07.03 2015노1194
폭행등
Text

The prosecutor's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The punishment sentenced by the court below (two months of imprisonment and two years of suspension of execution, community service order 120 hours) is too unhued and unfair.

2. The degree and content of the Defendant’s assault used by the Defendant is important and multiple victims, the Defendant’s direct force against police officers, and the nature of the offense of obstruction of performance of official duties is not good. The crime of obstruction of performance of official duties is an infringement upon legitimate public authority, and thus, it is necessary to strictly diversify the scope of the Defendant’s punishment.

However, in full view of the following factors: (a) the Defendant recognized the crime; (b) there is a family member to support; (c) there is no criminal conviction other than twice fines; and (d) other various sentencing conditions, including the circumstances of the crime in this case; (b) the means and methods of the crime in this case; and (c) the circumstances after the crime, the sentence imposed by the lower court cannot be deemed unreasonable because

3. In conclusion, the prosecutor's appeal is dismissed under Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.

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