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(영문) 울산지방법원 2019.01.17 2018노1127
공무집행방해등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable because the punishment imposed by the court below on the defendant (limited to imprisonment for eight months, two years of suspended sentence, two years of probation, one hundred and twenty hours of social service, and forty hours of violent therapy) is too unfford.

2. As to the grounds for appeal, the Defendant committed the same kind of crime even though he was sentenced to a suspended sentence of imprisonment due to the crime of obstruction of performance of official duties, etc. around 204. In light of the circumstances, circumstances, and mode of conduct, etc. of the instant crime, the Defendant appears to have an excessive violent nature while under the influence of alcohol, and the Defendant did not receive any tolerance from the police officer who suffered damage from obstruction of performance of official duties.

However, in the case of obstruction of performance of official duties, the court recognizes all the criminal facts of the crime of obstruction of performance of official duties in the trial and states that the crime of this case is against the crime of this case. In the case of obstruction of performance of official duties, the police officers dispatched by the defendant's son and the scambling of the defendant in the process of reporting the crime of this case are somewhat contingent and contingent; the crime of this case was committed once by the police officer and the scambling of the police officer; the exercise of force is not heavy; in the case of obstruction of business, the victim did not want punishment at the stage of investigation by agreement with the victim; and the last punishment of the defendant is relatively old around 2010.

In addition, considering the defendant's age, character and conduct, environment, family relationship, motive, means, consequence, etc. of the crime, and all the sentencing conditions indicated in the arguments and records of this case, it is not recognized that the sentence imposed by the court below is too uneasible and unfair.

3. The prosecutor's appeal of conclusion is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.

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