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(영문) 울산지방법원 2016.08.26 2016노882

공무집행방해

Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (4 million won in penalty) is too unhued and unreasonable.

2. The crime of this case committed by a police officer who was dispatched after receiving a report that the Defendant assaults D, thereby obstructing the performance of official duties by assaulting the above police officers in order to restrain the Defendant from assaulting the Defendant, and in light of the circumstances leading up to the crime and the form of the act, etc., the liability for the crime is not weak, and the fact that it is necessary to punish the Defendant with strict punishment for obstructing the performance of official duties in order to establish the national legal order and eradicate the light of public authority, etc.

However, in full view of the following factors: (a) the Defendant’s confession of his/her own crime while committing a crime; (b) the degree of the type of crime committed by him/her and used by him/her; and (c) the Defendant has no criminal records or records of the same kind of crime during the last 15 years; and (d) other various sentencing conditions as shown in the instant pleadings, such as the Defendant’s age, sex, family relationship, and circumstances after committing a crime, it is not recognized that the sentence imposed by the court below

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.