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(영문) 울산지방법원 2016.10.14 2016노1240
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (a fine of four million won) declared by the lower court is too unhued and unreasonable.

2. The crime of this case on board was committed by the Defendant without calculating the drinking value at the main point, and was committed against the police officers dispatched to the site after receiving a report on the disturbance without calculating the drinking value, and thereby obstructing the lawful performance of official duties by the police officers by means of smuggling with the chest of the police officer, scambling with the breath, sculing with the breath, etc. In light of the circumstances leading up to the crime, how the act was committed, etc., the crime was poor; the crime was committed; the police officers attempted to punish the Defendant with strong punishment against the Defendant; the establishment of national legal order and the eradication of the light of public power; etc., there is a need to punish the Defendant with the crime of obstruction of official duties.

However, in full view of the circumstances favorable to the defendant, including the fact that the defendant's mistake is recognized, and the fact that the defendant committed the crime of this case, it seems that the defendant caused the crime of this case by contingency under the influence of alcohol, the fact that there was no significant result, such as inflicting an injury on the victimized police officer due to the crime of this case, and the fact that there was no same punishment power, etc., the circumstances favorable to the defendant, such as the defendant's age, character and behavior, family environment, motive and circumstance of the crime, the means and consequence of the crime, and various sentencing conditions as shown in the arguments of this case, such as the circumstances before and after the crime, it is not recognized that the sentence imposed by the

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

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