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Defendant
The appeal by the prosecutor is dismissed.
Reasons
The summary of the grounds for appeal is that the defendant mispers the defendant's fact-finding is left hand, so there is no time to see the police officer by hand, and he may see the face of the police officer during the dispatch of the police officer, but he does not intentionally see the police officer.
In the case of an improper examination of sentencing: the evidence duly adopted and examined by the court below on the argument of mistake of facts of the illegal defendant in sentencing and the following circumstances recognized thereby, namely, the statement of the victimized police officer is consistent with each other, credibility is recognized. On the contrary, in the police investigation by the defendant, the situation at the time of the crime is not always memory due to drunk, but the suspicion is recognized.
In light of the stated statement, the facts constituting the crime in the judgment of the court below are recognized in full view of the following: (a) the Defendant, while not memorying the situation at the time of the crime accurately, appears to be denying the crime by failing to assault police officers; and (b) the Defendant recognized all the facts constituting the crime in the
Therefore, the defendant's above assertion is rejected.
The lower court rendered a sentence by taking into account the following circumstances: (a) the fact that the nature of the crime is not good in light of the course of the crime and the method of the crime; (b) the fact that the crime was committed, the fact that the crime was committed in a breath and false manner; and (c) the fact that the crime was committed in a breath and contingent manner by drinking, and that there was no previous conviction during the last ten years; and (d) the fact that there was no previous conviction in a favorable manner; and (c) the sentencing conditions, such as the Defendant’s age, sex behavior
The appellate court, compared to the first instance court, has no change in the conditions of sentencing, and the first instance sentencing does not deviate from the reasonable scope of discretion, it is reasonable to respect the first instance sentencing judgment.
Although it is recognized that the defendant supports his family and is economically difficult, the prosecutor is on the ground of appeal.