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(영문) 울산지방법원 2018.08.10 2018노516
공무집행방해등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds of appeal (the imprisonment of six months, the suspension of execution of two years, the observation of protection, and the community service order of 120 hours) is too unreasonable.

2. The fact that the defendant shows an attitude against his mistake, the fact that there is no history of punishment exceeding the fine, etc., are the factors of sentencing that can be considered for the defendant. However, the crime of this case was committed against the police officer who aided the defendant's home home while under the influence of alcohol and exercised assault, and the responsibility for the crime is not less complicated. In order to establish the state legal order and eradicate the landscape of public authority, it is necessary to punish the act of obstructing the performance of official duties, it is not necessary to reach an agreement with the victimized police officer, the fact that there was a history of being sentenced to a fine of five million won due to the obstruction of the performance of official duties in 2017, and other factors such as the defendant's age, sex, family environment, motive and circumstance of the crime, the motive and consequence of the crime, the situation before and after the crime, and the result of the application of the sentencing guidelines of the Supreme Court sentencing committee, etc., it is not recognized that the punishment imposed by the court below is too undue.

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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