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(영문) 울산지방법원 2015.10.16 2015노530
상해등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (eight months of imprisonment, two years of suspended execution, and one hundred and sixty hours of community service order) is too uneased and unreasonable.

2. The crime of this case is a case where a fire fighter dispatched for the relief of the defendant, or a police officer dispatched after receiving a report, commits an assault and bodily injury without any justifiable reason, and the liability for such crime is not less severe, the injured police officer is seeking punishment against the defendant, and the crime of this case requires strict punishment for the crime of obstruction of performance of official duties in order to establish the national legal order and eradicate the light of public authority.

However, in full view of the fact that the defendant recognized his mistake and reflects, the fact that the damaged police officer was deposited in the court below as the person under deposit, the first offender who has no record of crime, and the fact that the effect of preventing recidivism can be achieved through community service for 160 hours, and other factors such as the defendant's age, character and behavior, family environment, motive and circumstance of the crime, means and consequence of the crime, various sentencing conditions shown in the arguments in this case, such as the circumstances before and after the crime, and the result of the application of the sentencing guidelines of the Supreme Court Sentencing Committee, it is not recognized that the sentence 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 as it is without merit. It is so decided as per Disposition.

(However, the last behavior of the crime of the lower judgment in Paragraph (1) of Article 25 of the Regulation on Criminal Procedure is that "In this case, the Defendant interfered with 119 emergency rescue operations and first-aid services of the 119 emergency squad and the fire brigade without any justifiable reason, and at the same time, took a face strawing in need of approximately two weeks of treatment to the victim F."

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