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(영문) 울산지방법원 2016.12.23 2016노1796
상해등
Text

The prosecutor's appeal is dismissed.

Reasons

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

2. When the crime of this case was committed on the part of the police officer upon receiving a report that the defendant had been under the influence of alcohol to commit a dangerous act, such as blusing the defendant on the patrol vehicle and standing the defendant on the blusium, the defendant spiting the defendant's chests into the blusium, thereby obstructing the police officer's legitimate execution of his duties and causing bodily injury to the police officer for about two weeks in the process of committing the crime. In light of the circumstances, attitudes, methods, methods, etc. of the crime, the nature of the crime was poor; the damaged police officer was not recovered until now; the damaged police officer wanted to punish the defendant; the defendant again committed the crime of this case even if he had been sentenced to a fine once due to the same kind of injury; the establishment of national legal order and the obstruction of the performance of official duties to eradicate the blusium of public authority, etc., which require strict punishment against the defendant.

However, in full view of the circumstances favorable to the defendant, including the fact that the defendant recognizes and reflects his mistake, that the defendant seems to have committed a contingent crime under the influence of alcohol, that the degree of injury is not serious, and that there is no criminal penalty exceeding the fine, etc., and other factors of sentencing as shown in the arguments in the instant case, such as the defendant’s age, character and behavior, family environment, motive and circumstance of the crime, means and consequence of the crime, etc., it is not recognized that the punishment 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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