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(영문) 울산지방법원 2018.10.26 2018노881
공무집행방해
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (4 months of imprisonment) is too unreasonable.

2. A relatively minor circumstance is that a social ties relation is relatively clear, such as the following: (a) judgment-making knife, contingent crimes; (b) the attitude of assault and the degree of damage is relatively minor; (c) the victimized police officer does not want the punishment of the defendant; and (d) the family members and branch members of the defendant want the Defendant’s wife.

On the other hand, in light of the circumstances leading up to the instant crime, etc., the punishment of the lower court is not against the Defendant, and there was a history of having been punished for the same kind of crime, and in particular, the Defendant, who was sentenced to six months by imprisonment on September 2016 by the Ulsan District Court for a violation of the Road Traffic Act (refluence of drinking), completed the execution of the sentence on March 2017 and committed the instant crime during the period of repeated crime, etc. In addition, comprehensively taking account of all the sentencing conditions of the instant argument, including the Defendant’s economic situation, age, sex, environment, circumstances after the commission of the crime, and whether there was a change in the circumstances after the sentence of the lower court, the sentence of the lower court appears to be within the reasonable and appropriate scope, and is unreasonable.

Therefore, the defendant's assertion is without merit.

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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