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(영문) 울산지방법원 2017.11.17 2017노1203
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the penalty (two million won in penalty) imposed by the court below on the defendant is too unhued and unfair.

2. The instant crime committed by the Defendant, upon receiving a report from 112, assaults a police officer who was demanded to return home from a police officer, and taking into account the fact that there is a need to strictly punish a crime obstructing the performance of official duties in order to establish the State’s legal order and eradicate the light of public authority, the Defendant’s liability for the crime is light.

Although it is not possible to see the defendant's attitude to reflect his mistake by recognizing the crime, the defendant seems to have reached a contingent crime under the influence of alcohol, the defendant's favorable circumstances, such as the fact that there is no past record of criminal punishment except once a fine is imposed on the defendant, and other factors of sentencing as shown in the arguments, such as the defendant's age, sex, environment, motive and circumstance of the crime, means and consequence of the crime, etc., the prosecutor's assertion is without merit, since the sentence imposed by the court below is too uneasible and it is unfair.

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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