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(영문) 울산지방법원 2016.10.27 2016노853

공무집행방해

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (a fine of 2.5 million won) declared by the lower court is too unhued and unreasonable.

2. The instant crime committed by the Defendant at the entrance of an apartment and obstructed the performance of official duties by exercising violence against a police officer subject to sanctions against the Defendant, who was under influence of alcohol at the entrance of the apartment. In light of the content and circumstances of the crime, the nature of the crime is not exceptionally considered.

However, in full view of the fact that the defendant recognizes his mistake and reflects the defendant, the defendant has no previous conviction, and other various sentencing conditions shown in the records and arguments, such as the defendant's age, character and conduct and environment, and circumstances after the crime, it cannot be deemed that the sentence imposed by the court below is too uneasible and unfair.

Therefore, prosecutor's 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 ground that it is without merit. It is so decided as per Disposition.