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(영문) 울산지방법원 2021.02.02 2020노1251
공무집행방해등
Text

The defendant's appeal is dismissed.

Reasons

1. The lower court found the Defendant guilty of interference with the performance of official duties, damage to public goods, and assault against the Victim K, among the facts charged in the instant case, and dismissed the prosecution against each assault against the Victim B and C.

Since the defendant appealed against the guilty portion of the judgment of the court below, the dismissed portion of the judgment of the court below was separated and finalized in the limit of the appeal period.

Therefore, the dismissal of the above indictment is excluded from the scope of the trial of this Court.

2. The sentence of the lower court (one year of imprisonment) shall be too unreasonable as to the gist of the grounds for appeal.

3. As to the reasons for appeal, the defendant's decision that the defendant would not repeat again while opposing his mistake, and the fact that the above police officers and victims do not want the punishment of the defendant in agreement with the police officers and victims who assaulted at the court below, and that there is no record of punishment exceeding the fine of the defendant is favorable to the defendant.

On the other hand, the Defendant assaulted a police officer who was dispatched after receiving a report, accompanied by a toilet door to the police station, etc. In order to establish national order and eradicate public peace, there is a need to strictly punish a crime of obstructing the performance of official duties. The Defendant committed a second assault while being tried due to a crime of obstructing the performance of official duties, etc. is disadvantageous to the Defendant.

In addition, considering the Defendant’s age, sex and environment, motive, means and consequence of the crime, and all of the sentencing factors in the process of the instant case, such as the circumstances after the crime, etc., the lower court’s punishment is too unreasonable.

Therefore, the defendant's assertion is without merit.

4. 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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