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(영문) 울산지방법원 2017.04.28 2017노9
공무집행방해
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s punishment against the Defendant (4 million won) is too unreasonable.

B. The lower court’s sentence against the Defendant by the Prosecutor is too unhued and unreasonable.

2. The following facts are the circumstances favorable to the Defendant: (a) the Defendant and the Prosecutor’s respective arguments together with each other; (b) the Defendant recognized both of his mistake and reflects in depth; (c) the Defendant appears to have committed a contingent crime under the influence of alcohol; and (d) the degree of assault is relatively heavy.

On the other hand, the crime of this case is a situation unfavorable to the defendant, such as that the defendant takes a bath to the police officer dispatched after receiving a report on domestic violence and exercises a direct tangible power, which is not good to the nature of the crime, and that there was two-time violence crimes.

In addition, comprehensively taking account of the Defendant’s age, sex, environment, motive, means, and consequence of the crime, circumstances after the crime was committed, and whether the change of circumstances occurred after the sentence of the lower judgment, etc., the lower court’s punishment appears to be within a reasonable and appropriate scope and cannot be deemed to be excessively heavy or unreasonable.

Therefore, each of the above arguments by the defendant and the prosecutor is without merit.

3. In conclusion, since the appeal by the defendant and the prosecutor is without merit, all of them are dismissed under Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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