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(영문) 울산지방법원 2017.02.10 2016노2114
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence (3 million won in penalty) declared by the court below on the gist of the grounds of appeal is deemed to be too unhutiled and unfair.

2. The crime of this case on the board was committed by a police officer, who was called for by the drunk defendant upon receiving a report that he would escape from disturbance, and the defendant tried to catch a taxi in order to return home to the defendant without any justifiable reason, thereby obstructing the police officer's legitimate execution of official duties by assaulting the above police officer's legitimate execution of official duties by assaulting the police officer's left face and her part on the hand with the hand, without any reason. In light of the circumstances of the crime, the attitude of the act, etc., the crime was poor in light of the fact that the crime was committed, and the fact that it is necessary to punish the defendant with strict punishment to establish national legal order and eradicate the light of the public authority.

However, in full view of various sentencing conditions that are favorable to the defendant, such as the defendant's mistake and depth, injury to the other party police officer during the course of the crime of this case, and the fact that there was no record of criminal punishment prior to the crime of this case, and that the defendant appears to have caused a somewhat contingent and contingent crime of this case under the influence of alcohol, etc., such as the circumstances favorable to the defendant and other conditions favorable to the defendant, such as the defendant's age, sex, family environment, motive and circumstance of the crime, means and consequence of the crime, and the circumstances before and after the crime of this case, it is not recognized that the punishment imposed by the court below is too unjustifiable and unfair.

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

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