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(영문) 울산지방법원 2016.10.28 2016노1337
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the lower court’s punishment (five million won of a fine) is too unhued and unreasonable.

2. In order to eradicate the danger of public authority and establish a state law and order, there is a need to strictly punish the crime of obstruction of performance of official duties. The crime of this case is a case of assaulting the police officers who called the defendant upon receiving 112 report and returned to the defendant without any specific reason, and there is no circumstance that may cause the defendant's assault in the process, etc., which is disadvantageous to the defendant, or the fact that the defendant recognizes the crime of this case and reflects the fact that there is no record of punishment or punishment exceeding the fine in the past, the defendant is currently pregnant, and the person's personality and behavior has no circumstances or circumstances that may be newly considered in the sentencing after the decision of the court below is rendered, and there is no other circumstances or circumstances that may be newly considered in the sentencing after the decision of the court below, and all other circumstances that form the conditions of sentencing as shown in the record and the trial process, such as the defendant's age, character and environment, the means and result of the crime of this case, the result and the circumstances after the crime, etc., and thus, it cannot be accepted the prosecutor's allegation of unfair sentencing.

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

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