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(영문) 울산지방법원 2017.11.03 2017노1118

공무집행방해

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal that the court below rendered by the defendant is unreasonable because the punishment (300,000 won in penalty) declared by the court below is too unhued.

2. The judgment of the court below ordered the police officers dispatched to solve their civil petitions to exercise violence, but this was caused by the police officer’s error in entering the Defendant’s Otoba number in the pocket book at the time, and there are circumstances that may be taken into account in the motive and circumstances. The main attitude of the crime of this case is about five minutes, and the degree of exercising force is not much important, as the Defendant’s arms are cut off for about five minutes, and the Defendant did not have any record of punishment for violent crimes, and there are other circumstances that are favorable to the Defendant, such as the Defendant’s age, and the circumstances after the crime, etc., which are conditions for sentencing as shown in the pleadings. In full view of the above, the court below’s punishment cannot be deemed unfair because it is excessively uneasible.

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 grounds that the appeal is without merit. It is so decided as per Disposition.