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(영문) 서울동부지방법원 2015.12.30 2015노1395
폭력행위등처벌에관한법률위반(공동폭행)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for up to eight months and two years of suspended sentence) against the Defendants is too uneased and unreasonable.

2. It is recognized that the instant crime committed in concert with a person under the influence of alcohol, and committed an assault against the police officers called out after receiving a report, and that the crime is very serious, and that the Defendant has a record of being sentenced two times as a crime of obstruction of performance of official duties, and one time as a suspended sentence.

However, in full view of various circumstances, including the defendant's age, career, and family relationship, the punishment imposed by the court below is too unreasonable, in light of the following: (a) the defendant has committed a crime; (b) the defendant has committed a crime in depth; (c) the defendant seems to have committed a contingent crime; (d) the victim of the assault and the victim of the obstruction of performance of official duties agreed to do so; and (e) the victim of the assault and the victim of the obstruction of performance of official duties deposited a certain amount of money;

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

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