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(영문) 울산지방법원 2017.06.16 2017노2
상해등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the lower court (the penalty of eight million won) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

2. The grounds for appeal by the Defendant and the Prosecutor are also examined.

Defendant at the same time interfered with the legitimate performance of duties by police officers by means of abusiveing a police officer who was dispatched to his/her own disturbance and shouldering his/her fingers. In order to establish the State’s legal order and eradicate a light of the public authority, there is a need to strictly punish a crime that interferes with the performance of official duties, and the Defendant was sentenced to two years of suspended execution in August on April 23, 2015 by imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.) at the Ulsan District Court on April 23, 2015, and was sentenced to two years of suspended execution in May 1, 2015, and the Defendant committed the instant crime even during the period of suspended execution.

However, considering favorable circumstances, such as the fact that the Defendant recognized all of the instant crimes, the fact that the Defendant deposited KRW 900,00 for the victim E, and the fact that the Defendant did not have any record of punishment for the same kind of crime, etc., the court below’s sentencing is not deemed unfair because the sentence of the court below is too heavy or uneasible, and thus, the Defendant and the Prosecutor’s assertion are without merit.

3. In conclusion, since the appeal by the defendant and the prosecutor is without merit, all of them are dismissed under Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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