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(영문) 울산지방법원 2018.08.31 2018노621

공무집행방해

Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is as follows: (a) the lower court’s sentence (two million won ad hoc sentence) is too unhutiled and unreasonable.

2. Determination as to the crime of this case, the crime of this case committed an assaulting a police officer who performs legitimate duties as a drinking, and the liability for the crime is not weak, etc. is disadvantageous to the defendant.

However, in light of the following: (a) contingent crimes; (b) contingent crimes; (c) the degree of assault and assault was relatively not much severe; (d) the victim police officer does not want the punishment of the defendant by mutual consent with the defendant; (c) the defendant was the first offender; (d) the defendant was recognized as a primary offender; and (e) the defendant’s family members wanted to take advantage of his fault; and (e) social ties relationship is relatively clear; and (e) other conditions of sentencing specified in the argument of this case, including the defendant’s age, sex behavior, environment, circumstances after the crime; and (e) changes in circumstances after the court below sentenced the judgment of the court below, the sentence of the court below appears to be within reasonable

Therefore, the prosecutor's above assertion is without merit.

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 appeal is without merit. It is so decided as per Disposition.