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(영문) 울산지방법원 2016.11.18 2016노1305

공무집행방해등

Text

The defendant's appeal is dismissed.

Reasons

1. The court below rendered a judgment of conviction as to the obstruction of performance of official duties among the facts charged against the defendant, and the dismissal of prosecution as to the obstruction of official duties. Accordingly, since only the defendant appealed against the guilty part of the judgment below, the part of the dismissal of prosecution as to which the defendant and the prosecutor did not appeal was separated and finalized

Therefore, the scope of this court's judgment is limited to the conviction part of the judgment below.

2. The summary of the grounds for appeal (two months of imprisonment, two years of suspended execution, and 80 hours of community service) by the court below is too unreasonable.

3. The circumstances favorable to the Defendant include the following: (a) the fact that the Defendant was found to have committed a crime against himself when he was in the trial; (b) the fact that the Defendant appears to have committed a contingent crime under the influence of alcohol; (c) the occurrence of serious consequences, such as inflicting an injury on the victimized police officers due to the instant crime; and (d) the fact that there was no other criminal penalty power except for the case where the Defendant was punished once by a fine due to the

However, the crime of this case was committed by the police officers who want to take a bath on the street and assault again while the police officers were dispatched to the police officers after receiving a report. They obstructed the legitimate performance of duties of the police officers by such means as keeping the police officers' chests so far, keeping the police officers' chests unfolding and threatening the police officers' face, and threatening them. In light of the circumstances of the crime and the attitude of the act, etc., the crime was poor; the crime was not committed despite the police officers' restraint, and the arrest was eventually arrested on the spot because the police officers did not stop the crime; the crime was arrested and sent to the police station for a long time even after the police station was arrested, and the crime was committed, and it was established and established a national legal order.