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(영문) 울산지방법원 2015.09.22 2015노660

공무집행방해

Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the lower court’s punishment (five million won of a fine) is too unhued and unreasonable.

2. In light of the following: (a) the Defendant’s use of violence to force police officers dispatched to one’s own disturbance to perform official duties; (b) the establishment of the State’s legal order and order in order to eradicate the light of public authority, there is a need to strictly punish the crime of obstruction of performance of official duties; and (c) there is a history of punishment of fines for the same kind of crime in around 1998.

However, considering favorable circumstances, such as the fact that the Defendant recognized all of the instant crimes, the fact that the Defendant has no criminal record more than a suspended sentence, and that there is no criminal record more than a suspended sentence, and taking account of various sentencing factors indicated in the record, such as the Defendant’s age, character and conduct, environment, motive and circumstance of the instant crime, the means and consequence of the instant crime, etc., the sentence of the lower court is too uneasible and unreasonable. Therefore, the Prosecutor’s

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