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(영문) 울산지방법원 2017.01.19 2016노1713
공무집행방해등
Text

All appeals filed by the prosecutor against the Defendants are dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (each fine of KRW 5,00,000) is too unhued and unreasonable.

2. The crime of this case committed by the Defendants that interfered with the restaurant business of the victim, damaged property, and subsequently interfered with the performance of official duties by taking a bath and assault against the police officer dispatched after receiving a report, and thus, the nature of the crime is not good. Defendant A was sentenced to a suspended sentence of two years on January 23, 2015 due to the violation of the Act on Special Cases Concerning Traffic Accidents, etc., and committed the crime of this case during the suspended sentence of two years, which is disadvantageous to the Defendants.

However, in full view of all the circumstances, the Defendants recognized the instant crime and against the victim of obstruction of duties and damage to property during the instant crime, and the victim did not want to punish the Defendants, and the police officer in charge of obstruction of performance of official duties does not want to punish the Defendants. Defendant B did not have any criminal record of imprisonment without prison labor or heavier punishment, and other circumstances, including the Defendants’ age, sex, environment, motive and circumstance leading to the instant crime, circumstance before and after the instant crime, etc., and the sentencing conditions in the instant case as shown in the trial process, the lower court’s punishment is too uneasible and unreasonable, and thus, the prosecutor’s allegation above is without merit.

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

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