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(영문) 울산지방법원 2016.09.23 2015노1430
상해등
Text

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

Reasons

1. The summary of the grounds for appeal is unreasonable as it is too unfasible to the Defendants’ punishment (for 10 months of imprisonment, 2 years of suspended execution, 120 hours of community service, 8 months of imprisonment, 2 years of suspended execution, 8 months of suspended execution, 80 hours of community service, 80 hours of imprisonment).

2. In the instant case, the Defendants’ assaulted police officers who received 112 reports and obstructed the performance of their official duties, and at the same time caused injuries to police officers, and the crime of interference with the performance of official duties requires strict punishment in order to establish the state’s legal order and eradicate the light of public authority, and thus, are disadvantageous to the Defendants.

However, in full view of the following circumstances: (a) the Defendants divided their mistakes into several parts; (b) the victimized police officers wished to take the Defendant’s seat; (c) the Defendants did not have any criminal history exceeding the fine in the past; and (d) the Defendants’ past records and the circumstances after the instant crime were committed, etc., the sentence imposed by the lower court alone is considered to have the effect of sufficient guidance to the Defendants; (c) there was no circumstances or changes in circumstances that may be newly considered in sentencing after the lower judgment was rendered; and (d) other circumstances, including the Defendants’ age, sexual behavior, environment, the background leading to the instant crime, and the circumstances after the instant crime, etc., and all other circumstances, which form the conditions for sentencing as specified in the trial process, are considered to be unfair since the sentence imposed by the lower court is too uneasible and unfair. Therefore, all of the Defendants’ unfair claims for sentencing against the Defendants are rejected.

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.

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