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(영문) 울산지방법원 2015.12.18 2015노1084
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the penalty (one million won of a fine) imposed by the court below on the defendant is too unhued and unfair.

2. In order to establish the legal order of the judgment state and eradicate the light of the public authority, there is a need to strictly punish the crime of obstruction of the performance of official duties. The instant crime prevents a police officer’s legitimate performance of official duties concerning the affairs of handling 112 reported cases by singing and assaulting the police officer dispatched after receiving 112 reports, and thus, the nature or result of the crime is not somewhat unfavorable to the Defendant.

However, the circumstances are favorable to the defendant, such as the fact that the defendant is making a confession of the crime of this case, the defendant appears to have reached a contingent crime under the influence of alcohol, the degree of exercising the tangible power of this case is not much serious, and the defendant does not have any penalty or any penalty exceeding the fine.

In full view of the above unfavorable circumstances and favorable circumstances, and all the conditions of sentencing as shown in the records and trial process of this case, such as the defendant’s age, character and conduct, environment, family relationship, motive and circumstance after the crime, etc., the prosecutor’s assertion is without merit, since the sentence imposed by the court below 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 ground that it is without merit. It is so decided as per Disposition.

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