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(영문) 울산지방법원 2016.08.26 2016노71

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 (7 million won in penalty) is too unfluent and unreasonable.

2. The crime of this case is a situation unfavorable to the Defendant, such as the following: (a) the Defendant committed the instant crime, which was committed against a police officer and was committed by assaulting and obstructing the performance of official duties; (b) the establishment of the State’s legal order and order in order to eradicate the light of the public authority; (c) there is a need to strictly punish a crime obstructing the performance of official duties, such as the instant case; (d) there was a past history of criminal punishment for a period of up to six months; and in particular, on June 13, 2014, the Ulsan District Court sentenced a two-year suspended sentence for a period of suspension of execution on the grounds of obstruction of duties, etc.

However, in full view of the following factors: (a) the Defendant appears to have committed the instant crime as somewhat contingent due to the existence of alcohol; (b) the fact that the Defendant was receiving mental treatment, etc. to recognize and reflect his mistake at present; and (c) the Defendant’s age, sex, family environment, motive and circumstance of the offense; (b) the means and consequence of the offense; and (c) other factors of sentencing as shown in the process of the trial and records, such as the circumstances after the commission of the offense, etc., the lower court’s punishment cannot be deemed as being too uneasible and unfair; and (d)

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.