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(영문) 울산지방법원 2016.10.14 2016노1067
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (four months of imprisonment and one year of suspended execution) of the lower court is deemed to be too unhutiled and unfair.

2. In order to eradicate the danger of public authority and establish a state law and order, there is a need to strictly punish the crime of obstruction of performance of official duties. The crime of this case is committed by a police officer who was dispatched to his own disturbance, and there is no circumstance that could cause the Defendant’s assault in the course of performing official duties by the police officer due to the case when the Defendant was asked from the damaged police officer who was dispatched to his own disturbance, etc., the crime of this case is committed at a disadvantage to the Defendant, or is against the Defendant, or there is no history that the Defendant recognized the crime of this case, and there is no history that the Defendant was punished or fined for the same crime before the instant case, and the crime of this case is also deemed to be caused by the disease of this case as the Defendant’s family members are suffering from the same kind of disorder, and there is no change or circumstance that can be newly considered in sentencing after the judgment of the court below, and there is no reason to view the Defendant’s age, character, environment, motive, motive and consequence of the crime, etc., and there are no reasons for sentencing.

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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