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(영문) 울산지방법원 2015.04.24 2015노194
공무집행방해등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (ten months of imprisonment) is too unreasonable.

2. However, the circumstances favorable to the defendant are that the defendant recognized all of the crimes of this case from the investigative agency and reflected against him, and that the defendant has no criminal record of suspended execution or heavier, etc.

However, the court below seems to have already determined a punishment by reflecting the above favorable circumstances. Each of the crimes of this case was committed against many unspecified persons, such as store employees, taxi drivers, and playground students, etc. under the influence of alcohol, and committed violence against police officers dispatched upon receiving a report. The crime of this case is very poor in quality of the crime. Despite the fact that the defendant had already been punished several times due to the same kind of crime, such as causing property damage, bodily injury, interference with business, etc., the defendant again committed each of the crimes of this case. In particular, the defendant did not investigate by the police due to the crime described in Paragraph 2 of the judgment of the court below, but committed the crime described in Paragraph 3 of the judgment of the court below on the next day without agreement with the victims, and presumed that each of the crimes of this case was committed under the influence of alcohol, and the defendant seems to have a tendency to reveal violence tendency against many unspecified persons, and thus, the defendant needs to be isolated for a certain period of time in order to correct such character and conduct, and thus, it is not reasonable to reverse the defendant's age, circumstances, motive and motive and circumstances of this case, and circumstances.

3. The defendant's appeal is without merit, and Article 364 (4) of the Criminal Procedure Act is not reasonable.

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