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(영문) 울산지방법원 2016.02.05 2015노1192

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 (4 million won in penalty) is too unhued and unreasonable.

2. In light of the fact that the Defendant assaulted police officers dispatched to one’s own disturbance, the Defendant’s crime of interference with the performance of official duties needs to be punished, in order to establish a state’s legal order and eradicate the light of public authority, etc., the crime of interference with the performance of official duties need not be mitigated.

However, considering favorable circumstances, such as the fact that the Defendant recognized all of the instant crimes, the fact that there is no record of punishment for the same kind of crime, the fact that the degree of assault is not serious, and other factors of sentencing as indicated in the record, such as the Defendant’s age, sex, environment, motive and circumstance of the crime, means and consequence of the crime, etc., the lower court’s sentence is too uneasible and unreasonable, and thus, the prosecutor’s allegation above 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 grounds that the appeal is without merit. It is so decided as per Disposition.