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(영문) 울산지방법원 2016.10.06 2016노869
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

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

2. The instant crime committed by the Defendant is an act of assaulting a police officer who is subject to a disturbance while under the influence of alcohol, thereby obstructing the performance of official duties. In light of the content and circumstances of the crime, the quality of the crime is not exceptionally considered.

However, in full view of the following: (a) the Defendant recognized the Defendant’s mistake; (b) the Defendant committed a contingent crime; (c) the degree of the type of the Defendant’s fault; and (d) the Defendant did not have any same criminal record; and (c) the Defendant did not have any other criminal record; and and (d) the various conditions of sentencing indicated in the records and pleadings, such as the Defendant’s age, character and conduct, environment, and circumstances after

Therefore, prosecutor's 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 ground that it is without merit. It is so decided as per Disposition.

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