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(영문) 울산지방법원 2016.10.06 2016노722
공무집행방해등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (a fine of three million won) declared by the lower court is too unhued and unreasonable.

2. The crime of this case was committed by the police officer who was subject to the Defendant’s disturbance at a restaurant under the influence of alcohol, thereby obstructing the performance of official duties and causing injury to the police officer, and then destroying the entrance door of the detention room even after the arrest. The crime of this case is not less than that of the crime in light of the contents and circumstances of the crime.

However, in full view of the fact that the defendant's mistake is recognized and against himself, the degree of injury suffered by the damaged police officer is relatively excessive, the defendant's response to the crime of damage to public goods at the damaged police station after completing the repayment of damage to the damaged public goods, the defendant has no record of punishment in Korea, and other various sentencing conditions as shown in the records and arguments, such as the defendant's age, character and conduct, environment and circumstances after the crime, etc., it cannot be deemed that the sentence imposed by the court below is too unreasonable.

Therefore, prosecutor's assertion is without merit.

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

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