logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 울산지방법원 2016.05.20 2016노403
공무집행방해등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence (six months of imprisonment, two years of suspended execution, and 80 hours of community service) declared by the court below on the gist of the grounds of appeal is too unfasible and unreasonable.

2. The crime of this case on board was committed by the Defendant, without any particular reason before two police officers, by assaulting the victim and injuring the victim without any particular reason. The Defendant committed the crime of this case on board, while arrested the police officers and traveling along the patrol lane, and the Defendant committed the crime of this case on the part of the police officers, such as spiting the side of the bridge or spiting the police officers into the face, or taking the police officers into the face, while taking a bath to the police officers. The crime of this case is committed against the Defendant, which is disadvantageous to the Defendant, in light of the circumstances and form of the crime. In light of the background and form of the crime, the crime is very poor, in order to establish the national legal order and eradicate the light of the public authority, it is necessary to punish the victim and the victim police officers with the punishment of the victim, and even if the victim and the victim had been punished on 10 occasions in total due to the same violent crime, two times a prison sentence, suspension of execution two times a suspended sentence, and six times a fine, etc.

However, in full view of the circumstances favorable to the defendant, such as the fact that the defendant recognizes and reflects his/her mistake, the fact that he/she seems to have committed contingent crimes under the influence of alcohol, the result of injury is not serious, and the deposit of KRW 500,000 for the victim of injury, etc., and other factors such as the defendant's age, sex, family environment, motive and circumstance of the crime, means and consequence of the crime, and various conditions of sentencing as shown in the arguments of this case, such as the circumstances before and after the crime, it is not recognized that the sentence of the

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.

arrow