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(영문) 울산지방법원 2018.07.13 2018노423
공무집행방해
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable (the punishment of KRW 3,00,00,000, the suspended execution of two years, and the community service order of 120 hours) of the lower court.

2. The fact that the defendant shows the attitude of opposing his mistake, that there was an agreement with the victimized police officer, that there was no criminal history, etc., the sentencing factors that can be considered for the defendant, or that the crime of this case was committed by the defendant with the desire of two police officers in the course of performing official duties and the use of violence is very significant. In the case of interference with the performance of official duties, it is inevitable to impose severe punishment in order to establish the state's legal order and eradicate the light of public authority, the defendant is preparing for the police officer's examination as a police officer, and the defendant already wanted to take the action, but the court below seems to have already prepared for the police officer's examination in consideration of the above favorable circumstances, and the defendant's age, sex, family environment, motive and background of the crime, means and consequence of the crime, and various sentencing conditions shown in the arguments of this case, such as the situation before and after the crime, etc., it is not recognized that the punishment imposed by the court below is too unfair.

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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