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(영문) 울산지방법원 2016.07.13 2016노695
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (3 million won in penalty) is too unhued and unreasonable.

2. The crime of this case is a situation unfavorable to the defendant, such as the fact that the police officer committed the crime of this case against the defendant, who was committed a disturbance within the police station zone, and the defendant was about to arrest the defendant, who was committed by the police officer, as a current offender, and obstructed the performance of official duties by committing assaulting the police officer. In light of the circumstances leading up to the crime and the method of the crime, etc., the responsibility for the crime is not less complicated. In order to establish the state law and order and eradicate the situation of the public authority, the crime

However, in full view of the following factors: (a) the Defendant’s confession of his/her own crime while committing a crime; (b) the degree of the type of crime committed by him/her and used by him/her; (c) the Defendant has no record of criminal punishment; and (d) the Defendant has no record of criminal punishment; and (c) other various sentencing conditions specified in the instant pleadings, such as the Defendant’s age, sex behavior, family relationship, and circumstances after the crime, it is not recognized

3. In conclusion, the prosecutor’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, and it is so decided as per Disposition.

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