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(영문) 울산지방법원 2016.11.11 2016노1378
공무집행방해등
Text

The prosecutor's appeal is dismissed.

Reasons

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

2. The crime of this case was committed on the part of the victim B by misunderstanding that the victim B was flicking the defendant, and the chest part of the victim B was flicked one time, and the victim B was arrested as a flagrant offender upon receiving a report during the process of release after being arrested as a flagrant offender by drinking the victim B on one occasion, etc., the crime of this case was committed against the defendant. The crime of obstruction of performance of official duties, such as this case, is very poor in the nature of the crime in light of the circumstances, methods, results, etc., and there is a need to strictly punish the crime of obstruction of official duties as a crime detrimental to the State's function by nullifying a legitimate exercise of public authority.

However, in full view of all of the circumstances favorable to the defendant, including the fact that the defendant recognized all of the crimes in this case and reflects the depth of the defendant, that the defendant seems to have reached an contingent crime under the influence of alcohol, that the defendant did not have been punished as obstruction of performance of official duties or violent crimes, and that there is no record of criminal punishment exceeding the fine, and all of the sentencing conditions in the arguments in this case, such as the defendant's age, family relation, family relation, criminal record, character and conduct, environment, means and method of the crime, motive and circumstance of the crime, etc., it is not determined that the sentence 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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