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(영문) 울산지방법원 2017.04.28 2017노73
공무집행방해등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence of the lower court (the imprisonment of eight months, the suspension of the execution of two years, the observation of protection, and the community service order of 120 hours) is too uneased and unreasonable.

2. The Defendant had been punished several times due to the crime of obstructing the performance of official duties or damaging public goods, but repeating each of the crimes of this case is disadvantageous to the Defendant.

On the other hand, each of the crimes of this case is an contingent crime committed under the influence of alcohol, and the degree of infringement of legal interests is relatively not much severe, and the defendant reflects the error while committing the crime of this case, and made efforts to recover damage in his own name, such as deposit of 300,000 won for the victim of interference with the performance of official duties with the victim of interference with the duties and the police officer suffering from interference with the performance of official duties, etc. In addition, taking into account all the sentencing conditions and the scope of recommended punishment according to the sentencing guidelines as shown in the arguments of this case, including the defendant's age, sex, environment, circumstances after the crime, change of circumstances after the sentence of the court below, etc., the sentence of the court below is deemed to be within a reasonable and appropriate scope, and it cannot be deemed unfair because it is too unreasonable

Therefore, the prosecutor's above 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.

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