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(영문) 울산지방법원 2016.05.13 2015노1413
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (3 million won in penalty) is too unhued and unreasonable.

2. The Defendant’s judgment interfered with the police officer’s performance of official duties by means of spiting, spiting, or assaulting a police officer, etc., on the ground that the act was under the influence of drinking, the Defendant’s act and behavior was under the influence of drinking, and that there is a need to strictly punish the Defendant for an offense obstructing the performance of official duties in order to establish a state’s legal order and eradicate a light of public authority.

However, considering favorable circumstances, such as the fact that the Defendant recognized the instant crime, the fact that there was no particular force except for the Defendant’s previous indictment suspension disposition, and the fact that the Defendant appears to have reached the instant crime by contingency under the influence of alcohol, the Defendant’s age, sex, family environment, motive and circumstance of the instant crime, means and consequence of the instant crime, and various sentencing factors in the trial process, such as the Defendant’s age, sex, family environment, motive and circumstance of the instant crime, the means and consequence of the instant crime, etc., the lower court’s punishment cannot be deemed to be unfair as it is too uneasible,

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the prosecutor's appeal is without merit. It is so decided as per Disposition.

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