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(영문) 울산지방법원 2016.11.11 2016노1433
공무집행방해
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. The gist of the grounds for appeal is as follows: (a) the Defendant filed each appeal on the grounds that the sentence imposed by the lower court (4 million won of a fine) is too uneasible and unreasonable; and (b) the prosecutor, on the grounds that the sentence imposed by the lower court is too une

2. The crime of this case on board was committed by the police officer who was called out after receiving a report while under the influence of alcohol by the defendant, and the police officer takes a bath to the police officer, and thereby obstructing the legitimate performance of official duties by the police officer by means of cutting the chest of the police officer with his/her hand and placing him/her drinking as the face of the police officer. In light of the circumstances of the crime and the attitude of the act, etc., the crime was poor; the crime was committed; the police officer wanted to punish the defendant; the crime was committed against the defendant; the state law and order needs to be established; the crime of obstruction of performance of official duties needs to be punished; the crime of assault was sent one time to the police officer; and the prosecution of indictment was suspended once due to the crime of assault was imposed; and there were records of violent crimes that were committed against the defendant.

On the other hand, there are no significant consequences, such as the fact that the defendant recognizes and reflects his mistake, the fact that the defendant seems to have caused the crime of this case by contingency under the influence of alcohol, the degree of assault in the crime of this case, and the occurrence of serious consequences, such as inflicting an injury on the victimized police officer, and there is no criminal record, etc., which are favorable to the defendant.

In full view of the above circumstances and the Defendant’s age, family relation, criminal record, character and conduct, environment, means and method of committing the crime, motive and circumstance of the crime, and all the sentencing conditions as shown in the argument of the instant case, it is not recognized that the sentence imposed by the lower court is too heavy or unreasonable.

3. The defendant and the prosecutor's appeal are without merit.

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