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(영문) 울산지방법원 2016.07.13 2016노676

상해등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (six months of imprisonment and two years of suspended execution) is too unfluened and unfair.

2. The crime of this case on board is an act of assaulting two police officers dispatched after receiving a report from the main owner while the defendant was under the influence of alcohol while walking the main door while the defendant was under the influence of alcohol and taking a bath, causing bodily injury to police officers in need of medical treatment for about 10 days, respectively. In light of the circumstances of the crime, patterns, methods, and methods, etc., the crime is very poor; the crime is committed; the victim police officers wanted to punish the defendant; the crime of this case again committed the crime of this case, even though the police officers had been punished once by a fine on the same kind of violent crime, three times of suspended sentence due to the same crime; the establishment of national legal order and for the eradication of the public interest, it is necessary to punish the crime of interference with the performance of official duties.

However, in full view of the circumstances favorable to the defendant, including the fact that the defendant recognized his mistake and reflects, that the defendant seems to have committed contingent crimes under the influence of alcohol, that the result of injury is not serious, and that the victim police officers deposited a total of KRW 400,000 to the damaged police officers, making efforts to recover damage as well as efforts to recover damage, etc., and other factors of sentencing as shown in the argument in this case, such as the defendant's age, sex, family environment, motive and background of the crime, means and consequence of the crime, the means and consequence of the crime, 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 as it is without merit. It is so decided as per Disposition.