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(영문) 울산지방법원 2016.04.14 2015노1324
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (six months of imprisonment, one year of probation, one year of probation, observation of protection, and 40 hours of community service) of the lower court is deemed to be too uneasy and unreasonable.

2. Determination is an unfavorable circumstance to the defendant that the defendant committed violence against the police officer who found him/her to restrain him/her on the ground surface by causing violence against him/her due to the problem of taxi driver and the taxi rate, and harming him/her on the ground floor by the session (PDA) of the vehicle operated by the police officer. It is not good that the crime is committed, not being taken by the police officer who was assaulted, and that he/she was punished by a fine due to interference with the performance of official duties in 2005.

However, in full view of the following circumstances: (a) the Defendant recognized all of the instant crimes; (b) there is no criminal history exceeding the fine imposed on the Defendant; (c) the degree of the assault committed against the police officer; and (d) other various circumstances, including the Defendant’s age, sexual conduct, environment, family relationship, motive and circumstance of the offense; and (e) the sentencing conditions specified in the trial process, such as the circumstances after the commission of the offense, etc., the lower court’s punishment cannot be deemed unfair as it is too un

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

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