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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 서울서부지방법원 2015.06.25 2015노525
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentenced by the court below to the summary of the grounds for appeal (eight months of imprisonment) is too unhued and unreasonable.

2. The judgment did not only assault and injure the defendant's wife in a de facto marital relationship, but also used excessive violence to children, which is a deadly weapon, but also used violence to the police officers dispatched upon receiving a report and thus obstructing the performance of official duties, etc. The victims seem to have suffered a large amount of mental and physical pain due to domestic violence by the defendant, and the crime of obstructing the performance of official duties is deemed to have been severely punished because it undermines the legitimate exercise of public authority, and the crime of obstructing the performance of official duties is necessary to severely punish the defendant as impairing the function of the State, and the crime of abusing the performance of official duties is disadvantageous to the defendant.

However, the circumstances are favorable to the defendant, such as the fact that the defendant has been living together while making a confession of all crimes, that the defendant has no criminal record of not less than the suspension of execution, that the victim D does not want the punishment against the defendant, and G and H do not want the punishment against the defendant by mutual consent, which are the victimized police officers in the trial.

In addition, considering the motive and background of the instant crime, the means and consequence thereof, the circumstances after the instant crime, the Defendant’s age, career, character and conduct, environment, etc. and all the sentencing conditions shown in the pleadings, the lower court’s punishment against the Defendant cannot be deemed unfair because it is too uneasible.

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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