beta
(영문) 울산지방법원 2016.07.15 2016노639

공무집행방해

Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (five million won in penalty) is too unfluent and unreasonable.

2. In the past, the Defendant was sentenced to two years and six months of imprisonment due to a special robbery, etc. committed by the Ulsan District Court on November 26, 2010, and committed the instant crime during the repeated crime period after the enforcement of the sentence was completed on June 14, 2014. Considering the recent situation of public authority, there is a need to strictly punish the Defendant for a crime interfering with the performance of official duties, such as the instant case.

However, in full view of the following factors: (a) the Defendant recognized the Defendant’s mistake; and (b) the circumstances leading up to the commission of the crime appear to be somewhat extenuating circumstances; (c) the injured public official wants the Defendant’s wife; and (d) the Defendant’s age, sex, family environment, motive and background of the crime; (b) the means and consequence of the crime; and (c) various sentencing factors in the process of the trial, such as the circumstances after the crime, etc., the lower court’s punishment cannot be deemed unfair and unfair; and (d) thus, the Prosecutor’s

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