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(영문) 울산지방법원 2017.11.02 2017노1119
특수공무집행방해등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below on the defendant (six months of imprisonment) is too unreasonable.

2. Circumstances favorable to judgment on the grounds of appeal: The defendant shows his attitude to recognize and reflect the crime of this case.

D. Unfavorable circumstances: The crime of this case is likely to obstruct the police officer's performance of official duties concerning traffic control, using otobba, which is a dangerous object, and there is a need for strict punishment for refusing to measure drinking.

Many of the defendants have been punished for violent crimes or violations of road traffic law.

All the kinds of sentencing conditions and the scope of recommended punishment according to the sentencing guidelines, including the above unfavorable circumstances, favorable circumstances, the defendant's age, character and character environment, the motive means of crime, the results of crime, the circumstances after crime, etc. and the records of this case.

(a) Basic crimes (Interference with the Execution of Special Official Duties) / [Type 1 (Interference with the Execution of Official Duties) / None of the persons who are subject to special sentencing / [Scope of recommended punishment] basic areas (from June to June)

(b) Concurrent crimes (Crime of Violation of Traffic Act (Refusal of measurement of drinking), the sentencing criteria of which are not set;

C. In full view of the following facts: (a) imprisonment with prison labor for the final sentence scope according to the standards for handling multiple crimes for at least six months (at least the lowest limit of the recommended sentence scope is not set; (b) imprisonment with prison labor for concurrent crimes; and (c) the sentence imposed by the lower court is too unreasonable.

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

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