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(영문) 울산지방법원 2018.02.09 2017노1579
공무집행방해
Text

The defendant's appeal is dismissed.

Reasons

1. The lower court’s sentence (five million won in penalty) against the Defendant on the summary of the grounds of appeal is too unreasonable.

2. In light of the judgment, the crime of this case is an contingent crime in which the defendant was under the influence of alcohol, and the defendant has no record of punishment for the same kind of imprisonment or a suspended sentence of imprisonment for the last ten years, and the defendant reflects the mistake in depth while engaging in the crime, and the fact that social ties is relatively obvious, such as the shotfeing of the defendant's wife, etc.

On the other hand, the crime of this case committed assaulting a police officer, who was frightened by the defendant, such as being frightened on the road, while being frightened by the defendant, and the nature of the crime and the circumstances of the crime are not somewhat weak. In addition, comprehensively taking account of all the sentencing conditions of the defendant in the arguments of this case, such as the financial situation, health condition, family relation, age, sexual conduct, environment, circumstances after the crime, changes in circumstances after the decision of the court below, etc., the sentence of the court below seems to be within a reasonable and appropriate scope and it cannot be deemed unfair.

Therefore, the defendant's assertion is without merit.

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

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