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(영문) 울산지방법원 2018.05.04 2018노68
퇴거불응등
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 (7 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.

The defendant shows an attitude against each of the crimes in this case, and seems to have not exercised any specific tangible force during the commission of the crime in this case, among the crimes that interfere with the execution of official duties in this case, the degree of the type of force the defendant exercised and the degree of interference with the execution of official duties in this case.

It is difficult to see that the victims do not want the punishment of the defendant, the health of the defendant is not good, and each of the crimes of this case committed during the period of repeated crime, but at the time when about 1 year and 9 months elapsed from the date of release, etc., shall be considered as favorable circumstances.

However, the crime of this case does not leave the emergency room of the hospital for about five hours, despite the defendant's demand to leave F of the staff in charge of the hospital, and does not leave the center for about five hours at the emergency room of the hospital, and interferes with legitimate execution of duties by assaulting the police officer dispatched upon the victim F's report, while the victim J does not give out tobacco.

For the reason that he said that he had been sentenced to imprisonment with prison labor for the same crime, the Defendant committed each of the crimes in this case during the period of repeated crime after being released from prison, by being sentenced to imprisonment with prison labor for the crime of bodily injury, interference with the performance of official duties, etc., which is disadvantageous to the Defendant. In light of the background of the crime and the method of the commission of the crime, etc., the nature of the crime is poor in light of the crime. In the case of the crime of obstructing the performance of official duties among the crimes in this case, it is necessary to strictly punish the crime in order to establish the state’s legal order and eradicate the light of public authority.

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