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(영문) 울산지방법원 2017.07.07 2017노460
공무집행방해
Text

All appeals filed by the prosecutor against the Defendants are dismissed.

Reasons

1. The lower court’s sentence (Defendant A: fine of 2 million won, Defendant B: fine of 5 million won) against the Defendants on the summary of the reasons for appeal is unreasonable because it is too unfasible.

2. The judgment of the court below was examined, and the crime of this case was committed by the police officer who tried to send the defendant B to the hospital where the defendants had been faced with their head after the defendants got their head, and the police officer's chests of the police officer's chests to the inspector in charge of the hearing or the inspector in charge of the bridge.

In light of the circumstances of the crime, such as threats, the failure to commit the crime, which is significant in light of the circumstances of the crime, Defendant A has already been punished by three times of a fine, Defendant B has eight times of a fine, including two times of a suspended execution, and Defendant B has eight times of a fine, and in particular committed the crime in this case during the suspended execution period after having been sentenced to two years of a suspended execution in August due to interference with business in 2015 and having been sentenced to two years of a suspended execution.

However, the Defendants committed the instant crime in a contingent manner in the course of refusing the Defendant B, who was injured by himself while under the influence of alcohol, to go back to a hospital by the 119 first-aid vehicle, and resisting the same, and the degree of the assault was relatively heavy. In addition, taking into account all the sentencing conditions indicated in the instant pleadings, including the Defendants’ age, sex, environment, motive, means and consequence of the commission of the crime, circumstances after the commission of the crime, and whether there was change in circumstances after the sentence of the lower judgment, the lower court’s punishment appears to be within a reasonable and appropriate scope, and cannot be deemed unfair.

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

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

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