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(영문) 울산지방법원 2016.11.11 2016노1259
공무집행방해등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (six months of imprisonment and two years of suspended execution) declared by the court below is too unhued and unreasonable.

2. The crime of this case on the part of the police officer, upon receiving a report from the defendant's wife that helps the defendant go through a trial, and the police officer sent out after receiving a report from the defendant's wife that helps the defendant go through a house and prevented the defendant from causing harm to other people, and the police officer committed violence while taking a bath to police officers, and used violence to F who is one of the above police officers, with a view to an aesthetic eye of the treatment days. In light of the criminal history and attitudes, it is very poor in the nature of the crime, in order to establish the state law and order and eradicate the light of public authority, it is necessary to punish the above act of obstructing performance of official duties, and there is any force that the defendant was fined once due to the obstruction of performance of official duties, etc. before the crime of this case, there is a disadvantage to the defendant.

However, in full view of the circumstances favorable to the defendant, such as the fact that the defendant recognizes and reflects his mistake, the fact that the degree of injury is not severe, the fact that there is no record of criminal punishment exceeding the fine of the defendant, etc., and other factors of sentencing as shown in the arguments of this case, such as the defendant's age, character and behavior, family environment, motive and circumstance of the crime, means and consequence of the crime, etc., it is not recognized that the punishment imposed by the court below is too unreasonable.

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

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