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(영문) 울산지방법원 2016.11.18 2016노1602
상해등
Text

The prosecutor's appeal is dismissed.

Reasons

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

2. In the crime of this case, if the defendant, who was sitting on the street under the influence of alcohol, takes the face of the police officer by hand, while taking a bath to two police officers called out after receiving a report from residents, and if the defendant drivess the right bridge of the police officer due to an outbreak, the crime of this case is committed by assaulting the police officer's right arms, thereby obstructing the police officer's legitimate execution of duties, obstructing one of the police officers' legitimate execution of duties, and causing an injury requiring approximately two weeks' treatment. In light of the criminal history, attitudes, methods, etc., the crime was very poor, and the damage was not recovered up until now, and all of the damaged police officers wanted to punish the defendant strong punishment, establishing national legal order and public authority, and eradicating light morals, there is a need to punish the defendant with the obstruction of performance of official duties.

However, in full view of the circumstances favorable to the defendant, such as the fact that the defendant recognized his mistake and reflects, that the defendant seems to have committed contingent crimes under the influence of alcohol, that the degree of injury is not serious, that there is no criminal force, and that there is no criminal force, etc., and other various sentencing conditions as shown in the arguments of this case, such as the defendant's age, character and behavior, family environment, motive and circumstance of the crime, means and consequence of the crime, etc., it is not recognized that the punishment imposed by the court below is too unjustifiable.

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

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