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(영문) 울산지방법원 2016.04.29 2016노416

공무집행방해등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The appellate court’s sentence (six months of imprisonment, one year of suspended execution, and 80 hours of community service) is deemed to be too unhued and unreasonable.

2. The crime of this case was committed by assaulting a police officer to confirm his personal information in a singing room to interfere with the performance of his duties, and is insulting a police officer, and thus, the responsibility for such offense is not weak; in order to establish a national legal order and eradicate a light of the public authority, there is a need to punish a criminal act that obstructs the performance of official duties; however, the defendant is against the defendant's consent to the crime of this case; the type of crime committed by contingency and the degree of exercising power is not significant; the defendant has no previous record of obstructing the performance of official duties and there is no criminal history exceeding fines; the defendant has no record of criminal punishment exceeding the fine; the defendant's age, sexual behavior, family relationship, and various sentencing conditions as shown in the arguments of this case, such as the defendant's age, family relationship, etc., it is not recognized that the punishment imposed by the court below is too unreasonable.

3. In conclusion, the prosecutor’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, and it is so decided as per Disposition.