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(영문) 울산지방법원 2016.11.17 2016노975

상해등

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment of the lower court (a fine of 4 million won) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

2. The instant crime committed by the Defendant, while under the influence of alcohol, interfere with the performance of official duties by pushing the police officer subject to sanctions against disturbance in the apartment corridor, and thereby causing injury to the police officer. In light of the content and circumstances of the crime, the degree of the type of force of the Defendant’s use, etc., the nature of the crime is not weak.

However, the fact that the defendant recognizes his mistake and reflects it, the fact that the defendant does not have any other criminal record except criminal punishment for a violation of the Road Traffic Act in 2004 is favorable to the defendant.

In addition to these circumstances, comprehensively taking account of various sentencing conditions shown in the records and arguments, such as the Defendant’s age, character and conduct, environment, and circumstances after the crime, the sentence imposed by the lower court is too heavy or unreasonable.

Therefore, the defendant and prosecutor's argument are without merit.

3. In conclusion, the appeal filed by the Defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.