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(영문) 울산지방법원 2016.07.07 2015노1202

공무집행방해등

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All appeals filed by the prosecutor against the Defendants are dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentence of the court below (for defendant A, 8 months of imprisonment, 2 years of probation, observation of protection, community service work, 160 hours of imprisonment, 4 months of probation, 2 years of probation, observation of protection, 80 hours of community service) is too uneasy and unreasonable.

2. The crime of this case is a parking problem, and Defendant A assaults the victim for the same reason, and the Defendants interfered with the public works by force on the part of the victim. The Defendants, upon receiving the report, expressed desire to the police officer, and obstructed the legitimate performance of duties by the police officer by exercising force, and thus the nature of the crime is not good, and all of the Defendants have a record of criminal punishment due to the crime related to violence and the obstruction of performance of official duties.

However, in full view of the following circumstances: (a) the Defendants recognized all of the instant offenses; (b) the degree of violence and interference with duties; (c) the degree of tangible force inflicted upon police officers; and (d) the Defendants’ age, sexual conduct, environment; (b) motives and developments leading to the instant offense; and (c) the circumstances before and after the instant offense; and (d) the sentencing conditions specified in the trial process, such as the records and circumstances before and after the instant offense, the lower court’s punishment is too unreasonable and unreasonable, and thus, the Prosecutor’s allegation above is groundless.

3. In conclusion, the Prosecutor’s appeal against the Defendants is without merit, and it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.