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(영문) 울산지방법원 2016.03.25 2015노1266
공무집행방해등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentence imposed by the lower court on the Defendant (six months of imprisonment, two years of suspended execution, and forty hours of community service order) is too uneased and unreasonable.

2. In order to establish the legal order of the judgment state and eradicate the light of the public authority, it is necessary to strictly punish a crime that obstructs the performance of official duties. Each of the crimes of this case is a situation unfavorable to the defendant, such as assault, insult, and assaulting police officers even after the defendant was arrested as an offender and escorted to the police box, and the crime is considerably bad, and the defendant has been issued a summary order of 4 million won on August 18, 2008, by obstructing the performance of public duties at the Ulsan District Court on the same day as an offense, and there is a history of having been punished several times due to other violence and insult.

However, considering the favorable circumstances, such as the confession and reflect of all of the crimes in this case, the degree of assault against the victims, the fact that the defendant seems to have committed each of the crimes in this case on a contingent basis under the influence of alcohol, and the fact that the defendant deposited 2 million won for the victims (39 and 40 pages of the trial record), etc., as well as other factors of sentencing as indicated in the records, such as the defendant's age, sex, behavior, environment, motive and background of the crimes, means and consequence of the crimes, the means and consequence of the crimes, etc., the sentence of the court below is too uneasible, and thus, the prosecutor's allegation above 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 grounds that the prosecutor's appeal is without merit. It is so decided as per Disposition.

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