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(영문) 울산지방법원 2016.11.18 2016노1543
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable because the lower court’s punishment (three million won of a fine) is too unhued.

2. We examine the judgment. The crime of this case is a situation unfavorable to the defendant, where the defendant takes a bath to police officers who was dispatched after receiving 112 report and obstructed police officers' legitimate performance of official duties by drinking face, and the crime of this case is not less complicated in light of the contents of the crime, etc., and there is a need to strictly punish the crime of obstruction of performance of official duties in order to establish the state's legal order and eradicate the light of public authority.

However, in full view of the following circumstances, the Defendant’s recognition of all of the instant offenses, the fact that there is no record of criminal punishment or criminal punishment exceeding the fine in the past, the Defendant’s age, character and conduct, environment, circumstances leading to the instant offense, the circumstances leading to the instant offense, the means and consequence of the instant offense, etc., and the conditions for sentencing specified in the trial process, such as the circumstances after the instant offense, cannot be deemed unfair because the lower court’s punishment is too uneasible, and thus, the Prosecutor’s assertion of unfair sentencing is rejected.

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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