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(영문) 울산지방법원 2018.06.29 2018노368
공무집행방해
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (2 million won in penalty) is too unreasonable.

2. The circumstances favorable to the Defendant include the following: (a) judgment knife, contingent crimes; (b) the degree of the assault was relatively heavy; and (c) the Defendant is the primary offender and recognized his mistake as a whole; and (d) reflects his mistake.

On the other hand, however, the crime of this case committed assaults a police officer who is under the influence of alcohol and restrains the disturbance of alcohol, and the nature of the crime and the circumstances of the crime are not provided against the defendant, and the failure to receive a letter from the damaged police officer, etc. In addition, comprehensively taking account of the defendant's age, sexual behavior, environment, circumstances after the crime, changes in circumstances after the judgment of the court below, etc., the punishment of the court below is deemed to be within a reasonable and appropriate scope, and it cannot be deemed that the punishment of the court below is excessively unreasonable.

Therefore, the defendant's above assertion is without merit.

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

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