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(영문) 울산지방법원 2016.12.09 2016노1627
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (limited to eight months of imprisonment, two years of suspended execution, and 120 hours of community service) declared by the court below is too uneasy and unreasonable.

2. The crime of this case was committed under the influence of alcohol by a police officer who was dispatched to the center line of the road while the defendant was under the influence of alcohol and was under the restraint of the police officer, and was under the desire to walk the part of the police officer, without any particular reason, and thereby obstructing the legitimate performance of official duties by the police officer. In light of the circumstances leading up to the crime and the form of the act, etc., the crime was not committed. However, in the court below, the crime was denied by the court below, and the victim police officer from the witness was attempted to punish the defendant, and there were a number of criminal records, including that the defendant was subject to a suspended sentence once due to violent crimes, that there was a number of criminal records, that there were two times of fines, and that in order to establish national law and order and eradicate a light of public authority, the crime of obstruction of official duties is disadvantageous to the defendant.

However, in full view of the circumstances favorable to the defendant and other factors of sentencing, 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 sentence imposed by the court below is too unjustifiable and unreasonable, in light of the following factors: (a) the defendant recognized his mistake and reflects against the defendant when it comes to the trial; (b) the defendant seems to have committed the crime of this case in contingency under the influence of alcohol; and (c) there was no serious consequence, such as inflicting bodily injury on the victimized police officer due to the crime of this case; and (d) there is no record of the same punishment; and (e)

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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