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(영문) 울산지방법원 2016.06.03 2016노538
공무집행방해등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (six months of imprisonment) is too unreasonable.

2. The following facts are the circumstances favorable to the Defendant: (a) the Defendant recognized the instant special injury crime; (b) the degree of injury inflicted on the victim of the instant special injury is relatively minor; and (c) the Defendant agreed with the victim solely by himself/herself; and (d) there is no history of punishment for the penalty.

However, the crime of interference with the execution of official duties of this case was committed against police officers dispatched after receiving a false report by the defendant, and the police officers used the police officers to take a bath, and thus, the nature of the crime was extremely poor in light of the circumstances of the crime, etc., in order to establish the national legal order and eradicate the light of the public authority, it is necessary to strictly punish the act of interference with the performance of official duties of this case. The crime of special injury of this case was committed by the defendant with the victim during a dispute with the victim with the victim, which caused an open situation of about 11 days in the part of the victim, which requires treatment for about 11 days. Considering the risk of the law of the crime, the punishment of the crime was very significant. The defendant was punished four times (one suspended sentence, three times) due to violent crime in the past, and the defendant's age, age, circumstances, motive and circumstances before and after the crime of this case, the sentencing guidelines of the commission, as well as the motive and circumstances of the crime of this case, etc.

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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