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(영문) 수원지방법원 2015.11.06 2015노700
폭력행위등처벌에관한법률위반(공동폭행)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the lower court’s punishment (three million won of a fine) is too unhued and unreasonable.

2. The crime of this case committed jointly with C by the Defendant, and by assaulting the police officer dispatched after receiving a report, obstructing the performance of official duties, and thus, the nature of the crime is not weak. However, in full view of the following circumstances, considering the Defendant’s recognition of the crime, the first offender, the circumstances leading to the crime of this case, and other various circumstances, including the Defendant’s age, character and behavior, environment, family relationship, circumstances after the crime, etc., the lower court’s punishment is too uneasible and unreasonable, and thus, the prosecutor’s allegation of unfair sentencing is without merit.

3. In conclusion, the prosecutor'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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