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(영문) 울산지방법원 2015.07.24 2015노476
상해등
Text

All appeals by the Defendants and the Prosecutor are dismissed.

Reasons

1. The summary of the grounds for appeal filed each appeal on the grounds that each of the punishments (a fine of KRW 4 million, a fine of KRW 3 million, and a fine of KRW 3 million) declared by the court below is too unreasonable and unfair. The prosecutor filed each appeal against the Defendants on the grounds that each of the punishments of the court below against the Defendants is too unhued and unreasonable.

2. The Defendants are both aware of and against each of the instant crimes; the degree of damage caused by the Defendant A’s injury and damage to property is not significant; Defendant B, in the case of alcohol, expressed a bath to police officers by a contingency while under the influence of alcohol, and appears to have committed insult; Defendants do not have any history of criminal punishment due to the obstruction of performance of official duties; and all of the Defendants appear to be economically lacking.

On the other hand, the Defendants committed each of the crimes of this case, such as verbal abuse and assault against police officers dispatched to the scene, which are very poor quality of the crimes of this case. In particular, the crimes of obstruction of performance of official duties committed by the Defendants are those detrimental to the function of the State by nullifying the legitimate exercise of public authority, which are in need of strict punishment. The victims' damages have not been completely restored because all the Defendants did not agree with the victims, and in the case of Defendant A, the same criminal power was five times (two times of suspended execution, fine three times) in the case of Defendant A, and the same criminal power was committed once (one time of fine), which is less unfavorable to the Defendants.

In full view of the above favorable circumstances and unfavorable circumstances, as well as the age, family relation, criminal record, character and conduct, environment, means and method of committing the instant crime, motive and circumstance of the crime, etc., the lower court’s sentence is too heavy or unfasible to the extent that the sentence imposed by the lower court should be reversed.

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