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(영문) 울산지방법원 2018.08.24 2018노550
공무집행방해
Text

The defendant'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 unreasonable.

2. The following facts are the circumstances favorable to the Defendant: (a) judgment knife, contingent crimes, and the degree of assault and assault is relatively heavy; and (b) the Defendant acknowledges and reflects all his or her mistakes.

However, the crime of this case was committed by a police officer, who was under the influence of alcohol, in a manner that the crime of this case was committed against the police officer who was frightening the safe home of the defendant, and that the nature and circumstances of the crime are not less than that of the crime, and that the crime was not taken by the damaged police officer, etc., and all the sentencing conditions of the defendant in the argument of this case, including the defendant's health condition, age, sex, environment, circumstances after the crime, changes in circumstances after the sentence of the judgment of the court below, are considered to be within a reasonable and appropriate scope, and it cannot be deemed that the punishment of the court below is excessively unfair.

Therefore, the defendant's above assertion is without merit.

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

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